International Private Law

Author: Ke Zedong
Publisher:
Publish Date: 2003-05-01
Features: At a time when I am vigorously expanding diverse international relations and preparing for membership in various international organizations, it is essential to strengthen the teaching and research of private international law. The publication of these seven books aims to provide new methods and scope for studying private international law. The content of this book is rich and well-organized, emphasizing a thorough exploration of fundamental issues to ensure readers' true understanding. The discussions on issues are clear and accessible, catering to both beginners and researchers seeking depth and breadth. This book also opens a new field for understanding the connection between private international law and the development of international economic and commercial activities. Private international law is the method of legal application used by courts or arbitration in resolving disputes involving foreign elements, an indispensable discipline for the legal order of frequent private life in international, Asia-Pacific, and cross-strait relations. This book is divided into four parts: Part I explains the status of private international law; Part II discusses its methodology; Part III provides examples of the legal application of civil and commercial laws in my jurisdiction, along with comparative law doctrines, cases, and practical applications; and Part IV covers the legal application in special civil and commercial legal relationships. This second edition of the book adds new supplements to Chapter 4 of Part II, specifically on public policy principles, the doctrine of forum non conveniens, and double conflict of laws, while making minor revisions to the chapter headings and content of Part III.
Table of Contents
Part I Introduction
Chapter 1 The Purpose and Scope of International Law
Section 1 The Purpose of Studying International Law
Section 2 The Distinction Between International and Domestic Law
Section 3 Narrow International Law
Section 4 Broad International Law
Chapter 2 The Relationship Between Private International Law and Public International Law
Section 1 Common Elements Between Private and Public International Law
Section 2 Private International Law Based on Domestic Law
Section 3 Dependence of Private International Law on Public International Law
Section 4 Separation of Private and Public International Law
Section 5 Realism in Private International Law
Part II Legal Application in Private International Civil Relations
Chapter 1 Introduction to Private International Law
Section 1 Basic Conditions for the Emergence of Private International Law
Section 2 Evolution of Methods of Legal Application in Private International Law
Section 3 The Significance of Private International Law
Section 4 The Nature of Private International Law
Section 5 Sources of Private International Law
Chapter 2 Methods of Resolving Legal Conflicts
Section 1 The Spirit and Function of Conflict of Laws
Section 2 Techniques for Resolving Legal Conflicts
Chapter 3 Interpretation of Legal Conflicts
Section 1 Connecting Factors
Section 2 The Fragmentation Method of Legal Application
Section 3 Qualification
Section 4 Incidental Questions
Section 5 Principles Arising from Changes in Time
Chapter 4 Foreign Law
Section 1 Application of Foreign Law Based on Conflict of Laws – Theoretical Basis
Section 2 The Nature of Foreign Law
Section 3 Proof of Foreign Law
Section 4 Control Over Errors in the Application of Foreign Law
Chapter 5 Application of Foreign Law
Section 1 Application of Foreign Law Due to Conflict of Laws – Theoretical Basis
Section 2 The Nature of Foreign Law
Section 3 Proof of Foreign Law
Section 4 Control Over Errors in the Application of Foreign Law
Part III Applicable Law in Foreign-Related Civil Relations
Chapter 1 Whether Foreign-Related Civil Legal Application Laws Are Mandatory
Section 1 Judicial Practice in My Jurisdiction
Section 2 Trends in Comparative Law Practice
Section 3 Analysis of Foreign Practice Issues
Section 4 Conditions for Judges to Arbitrarily Apply the Law of the Court
Section 5 Trends in Enhancing the Application of the Law of the Court
Chapter 2 Capacity for Rights and Capacity for Acts
Section 1 Capacity for Rights
Section 2 Capacity for Acts
Section 3 Capacity for Litigation
Chapter 3 The Status of Foreign Persons
Section 1 Applicable Law for Legal Persons
Section 2 The Meaning of Foreign Persons
Section 3 Recognition of Foreign Persons
Chapter 4 Legal Acts and Legal Facts
Section 1 The Form of Legal Acts
Section 2 The Practice of Legal Acts
Section 3 Obligation Acts
Section 4 Torts
Section 5 Legal Facts: Unjust Enrichment and Misappropriation
Chapter 5 Property Rights
Section 1 Legislative Examples of Applicable Law for Property Rights
Section 2 Reasons for Applying the Law of the Place Where the Thing Is for Property Rights
Chapter 6 Family and Inheritance
Section 1 General Introduction
Section 2 Property Rights of Spouses
Section 3 Divorce
Section 4 Inheritance
Part IV International Special Commercial Legal Relations
Chapter 1 International Trade Contracts and Their Dependence on Private International Law
Chapter 2 International Trade Uniform Conventions Supplementing Private International Law Methods
Chapter 3 International Trade Customs Replacing Private International Law
Chapter 4 The Role of International Commercial Arbitration in the Development of International Economic and Trade