Canadian Private International Law Research

Author: Liu Renshan
Publisher:
Publish Date: 2001-12-01
Features: The purpose of the "Series on Special Studies in Chinese Civil and Commercial Law" is to, based on the actual conditions of China's reform and opening-up and the development of a socialist market economy, extensively refer to the successful experiences in civil and commercial legislation and the latest case law and doctrines of developed countries and regions. It delves into the fundamental theories and major legal issues in civil and commercial law, providing a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of civil and commercial judicial practice. It aims to enhance the theoretical level of civil and commercial law, promote research talent in civil and commercial law, and enable China's civil and commercial legal theory to catch up with that of developed countries and regions at an early stage. Similar to the United Kingdom and the United States, Canada has natural ground for the emergence of legal conflicts. Therefore, private international law, which takes the resolution of civil and commercial legal conflicts between different legal jurisdictions as its responsibility, holds a highly important position in Canada's entire legal system. Although Canadian private international law originates from common law countries, its development has not been confined to the traditional private international law of common law countries. Whether in theoretical research or practice, Canada has adopted a selective and absorptive approach toward the private international law of the United Kingdom, the United States, and other countries, while striving for further development. As a result, Canadian private international law has become an important part of the modern private international law system in common law countries. Based on relevant writings, cases, and regulations on Canadian private international law, this book provides a systematic exploration and research on Canadian private international law from the perspective of conflict of laws. The book is divided into four parts, consisting of 13 chapters. Part I, Introduction, consists of 2 chapters, the first of which elaborates on the concept, theory, and methodology of Canadian private international law as a whole and introduces the current state of research in Canadian private international law. The second chapter focuses on the issues of domicile and residence in Canadian private international law. Part II, Jurisdiction, is divided into 4 chapters, which explore issues such as the subject of litigation, personal jurisdiction, maritime personal jurisdiction, and object jurisdiction, as well as the limitations on jurisdiction in Canadian private international law. Part III, Choice of Law, is divided into 5 chapters, which study the fundamental issues and specific areas (such as family law, property law, bankruptcy, foreign companies, and debt law) of choice of law in legal selection. The fourth part, Recognition and Enforcement of Foreign (or Foreign Jurisdiction) Judgments and Arbitral Awards, is studied in two chapters, examining Canada's theory and practice in recognizing and enforcing foreign judgments and arbitral awards.