国际私法英文版.doc

Chapter one Introduction to Private International Law 1. Regulative Object of Private International Law Question 1: A company of Beijing with B company of Guangdong will sign a contract of sale of goods, which country’s law is applicable? Question 2: If the parties in supposed question 1 are changed as A company of Beijing and B company of California State in US, what would be the applicable law then? Question 3: Citizen A of China got married with Citizen B of US, what law would be subjected to then? Characteristic: ① This kind of civil relationship is formed during international intercourse ② This kind of civil relationship has one or more foreign elements subject involving foreign element ● object involving foreign element ● content involving foreign element ③ What such civil relationship adjusts is the particular foreign civil relation 2. Conflict of Laws 2.1 Essence and productive condition Conflict of laws also named ‘rules of conflict’, which has distinctive meaning in private international law, and it refers to the difference in regulations of civil relationship involving civil law in two or more countries respectively, but it is required to apply these different regulations competitively, which caused the phenomenon conflicting each other on the law. In brief, conflict of laws means the conflict of applicable laws to the same civil relation involving the different civil laws of every respective country. ① Civil legal systems of various countries are different each other. ② A large number of civil contacts exist, a large number of international civil relations appear between various countries. ③ Various countries acknowledge foreigners enjoy the equal civil legal status in domestic state. ④ Based on practical requirements for dealing with civil and commercial relations among reciprocal countries justly, rationally, various countries acknowledge