International Private Law: Essentials

Author: Xu Wenchao / Chu Min
Publisher:
Publishing Date: 2004-09-01
Features: Based on an analysis and critique of common views on the application of foreign law, such as "reciprocity," "the principle of applying domestic law and the exception of applying foreign law," and "excessive jurisdiction," this book proposes the "theory of promoting national interests" in the spirit of expanding international exchanges and safeguarding the interests of the Chinese people. Building upon this perspective, it reexamines several general issues of conflict of laws and proposes new concepts such as the "theory of long-term assistance" regarding remission and the "theory of public order substitution" regarding evasion of law. The book is divided into three parts: Introduction, Resolution of Jurisdictional Conflicts, and Application of Law. Based on a dialectical exploration of the theoretical values of various Western international private law doctrines, it proposes the fundamental principles of China's international private law theory, with the "theory of promoting national interests" as its theoretical foundation. In the Introduction, the authors re-examine general issues such as the concept of international private law, the international private law doctrines of different periods, and relevant conflict of laws. In the section on the Resolution of Jurisdictional Conflicts, guided by the spirit of judicial restraint and combined with important international conventions, the authors analyze issues such as jurisdictional conflicts, inconvenient forums, and pending litigation. In the Application of Law section, after explaining and analyzing legal application issues related to torts, inheritance, marital relationships, trusts, and bankruptcy, the authors propose appropriate countermeasures for China based on the "theory of promoting national interests." Adhering to the principle of being lengthy when there is a theory and brief when there is none, the authors elaborate on their research findings in concise language, clear logic, and close connection with classic cases, making this book an invaluable specialized work in international private law. Target Audience: Students, researchers, and faculty in related fields such as international law; lawyers, judges, and other legal professionals.