Introduction to Private International Law

Author: Gu Haibo
Publisher:
Publish Date: 2003-01-01
Features: Preface The contemporary international economic and trade relations and scientific and technological cooperation are becoming increasingly close, and personnel exchanges between countries are becoming more frequent. Under these circumstances, cross-border civil and commercial disputes are also on the rise. To resolve these civil and commercial disputes, international private law is necessary. China is an open country, and with the deepening of reform and opening-up, China's economic and trade ties, scientific and technological cooperation, and personnel exchanges with countries around the world will undoubtedly increase. The exchanges and cooperation between China and countries around the world will inevitably lead to a series of cross-border civil and commercial legal relationships in a legal sense. With the resumption of sovereignty over Hong Kong and Macao, China has become a multi-jurisdictional country. In cross-border civil and commercial legal relationships between the mainland and the Special Administrative Regions of Hong Kong and Macao, it is inevitable that many cross-border civil and commercial disputes will arise. To resolve these civil and commercial disputes, whether through arbitration or litigation, relies on international private law. Therefore, the opening-up and the resumption of sovereignty over Hong Kong and Macao have raised higher requirements for the legislation and research of international private law in China. Since the reform and opening-up, China's international private law legislation has made significant progress, but this work started relatively late, and many provisions are still incomplete and need further improvement. The new theories and practical experiences of foreign international private law will have important reference value for China's international private law legislation, adjudication, and teaching and research. Therefore, strengthening the research on international private law issues is of great practical significance. After the liberation, China's international private law works adopted the views of Soviet international private law, and China's international private law textbooks were greatly influenced by Soviet international private law textbooks. Soviet international private law was a product of a planned economy and limited contact with the world market. This international private law is not only incompatible with China's socialist market economy and opening-up but also contradicts the provisions on the scope of international private law in China's legislation. Now, to cultivate foreign-related legal talents who can adapt to the development of the socialist market economy and opening-up, the domestic and international situations require the emergence of new international private law works. This book was written considering the achievements of China's international private law legislation, the development of international private law studies, the construction of the socialist market economy, and the rules of the World Trade Organization, while also taking into account the new international situation facing the 21st century and the development of the unification movement of international private law. During the writing process, the author strives to combine China's actual conditions, adhere to scientificity, contemporaneity, internationality, and knowledge, to adapt to the new situation where international private law relations will become the foundation of international relations and the new developments in China's international private law legislation and international private law studies, and to meet China's needs for the development of international civil and commercial exchanges. The structure of this book is as follows: Part I (Chapters 1 to 6) is the General Theory, which provides a general introduction to the basic theories and systems of international private law as well as legal systems related to international private law subjects; Part II (Chapters 7 to 13) mainly introduces the legal application principles of foreign property rights, intellectual property rights, contracts, international economic and trade relations, torts, unjust enrichment, unjustified enrichment, marriage, family, and inheritance; Part III (Chapters 14 and 15) introduces the procedures of international civil litigation and international commercial arbitration, which are provisions for protecting the legitimate rights and interests of parties in foreign-related civil relationships. The nature of these provisions belongs to procedural law. Due to the urgency of time, it is inevitable that this book has omissions, inaccuracies, or even errors. We welcome the readers' criticisms and corrections. Author, October 2002, Northeastern University
Table of Contents
Chapter 1 Overview of International Private Law
Chapter 2 History of International Private Law
Chapter 3 Conflict Norms and Applicable Law
Chapter 4 Application and Exclusion of Foreign Law
Chapter 5 Subjects of International Private Law Relations
Chapter 6 Legal Acts and Agency
Chapter 7 Property Rights
Chapter 8 Intellectual Property Rights
Chapter 9 Contracts
Chapter 10 International Private Law Regulation of International Economic and Trade Relations
Chapter 11 Statutory Debts
Chapter 12 Marriage and Family
Chapter 13 Inheritance
Chapter 14 International Civil Litigation Procedures
Chapter 15 International Commercial Arbitration