第八章.冲突法的一般问题（The eighth chapter. The general problem of conflict law）.docVIP

第八章.冲突法的一般问题（The eighth chapter. The general problem of conflict law） Section 1 Identification The concept of recognition and recognition is also known as a qualitative or classification, is refers to the court in the application of conflict rules, according to certain legal concept, or make qualitative classification of the relevant facts, which are classified as the specific legal category, and the term conflict rules are used to explain, so as to determine the process of cognition should be applicable Chong fan. In essence, recognition is a universal phenomenon of human thinking activities. The identification in private international law, as a process of legal cognition, includes not only the classification or characterization of the facts or problems involved in a foreign-related civil and commercial case, but also the interpretation of the conflict norm itself. These are two inseparable and closely related, indivisible aspects. Two, to identify conflicts and causes of conflict recognition refers to the court of the state and the relevant foreign laws on the same facts which make the different classification, the legal concept of different countries for recognition will lead to the application of different conflict rules and the applicable law. From the point of view of the court country, the identification of conflicts is the conflict between the identification of the law of the interior and the identification of the relevant foreign laws. The causes of identification conflict are as follows: 1. different countries give different legal nature to the same fact, so they may invoke different conflict norms. For example, the marriage of young people who did not reach a certain age required the consent of their parents. The French law recognized this fact as a problem of marital capacity, and the British law regarded it as a form of marriage. For a recognition, support with lex personalis parties to determine whether there is a wedding, after identification, should