2005-International Private and Comparative Law Yearbook of China-(Volume 8)

Author: None
Publisher:
Publish Date: 2006-05-01
Features: Preface: Professor Nuspo (currently translated as Nuspo) wrote "Principles of Private International Law" in 1944 while studying at Harvard University, but it remained largely unknown for a long time. The author himself lost the manuscript and text due to certain reasons. This journal republishes this article, hoping that this academically significant historical document can be better understood and studied by more people, while also commemorating Professor Han's 95th birthday. On October 10 of the previous year, the governments of the United States and the United Kingdom officially announced the abolition of consular jurisdiction in China and subsequently signed a new treaty with the Chinese government, stipulating that British and American citizens would enjoy equal treatment with Chinese citizens in China. We believe that "consular jurisdiction" will become an outdated term in history, and all "foreign-related lawsuits" within our territory will be uniformly handled by Chinese courts in accordance with the law. However, when adjudicating foreign-related lawsuits in private law matters, international private law often still requires the application of foreign law. Under what circumstances must foreign law be applied? What is the rationale for applying foreign law? If the relevant foreign law pertains not only to one country but to multiple countries, which country's law should be applied? And when applying foreign law, what procedures should be followed? Can the application of foreign law be appropriately restricted, and to what extent? These many complex and specialized issues all fall within the scope of international private law research. In the past, China was restricted by consular jurisdiction, and there was no urgent need to understand this science. As a result, legal scholars often paid little attention to it. But now that consular jurisdiction has been abolished, we must pay close attention to and study this science. Modern Western and European countries, due to the increasing development of international communication and frequent international exchanges, have long recognized the urgent need for knowledge of international private law. As a result, general legal scholars have shown exceptional enthusiasm for research in this area. Many major works published in recent years on international private law can serve as references for us. To name just a few, in the past few years alone, among the four countries of the United Kingdom, the United States, Germany, and France, there are several important works such as Cheshire's "Private International Law" in the UK, Stein's "Conflict of Laws" in the United States, Ku's "Essentials of Conflict of Laws" in the United States, Rapp's "Private International Law of Germany" in Germany, and Niepce's "Private International Law of France" in France. Professor Nuspo's new work "Principles of Private International Law" can also be considered one of the important works on international private law in recent years. The author served as a professor of law at Humboldt University in Berlin before 1933. In 1933, he moved to the United States and became a visiting professor at Columbia Law School. He is an expert in international private law and commercial law. He has written a German-language book titled "Private International Law of Germany," published in 1932, and after coming to the United States, he wrote "Legal Money," published in 1939. Both of these books are the author's masterpieces, with the latter having received unanimous praise from both the legal and economic communities in the United States and the United Kingdom. The book "Principles of Private International Law" is not a comprehensive monograph on all issues within the scope of international private law, but rather a detailed discussion of some of the important fundamental issues in international private law, addressed with precision... [more content]