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

Author: China Society of Private International Law
Publisher:
Publishing Date: 2006-05-01
Features: Preface: Professor Nussbohm's work (Principles of Private International Law), originally translated as "Nussbaum," was a book review written by Professor Han Depei in 1944 while he was at Harvard University. However, it remained largely unknown for a long time, and the author himself lost the manuscript and text for reasons unknown. This journal republishes the article, hoping that this historically significant academic document can be better understood and studied by more people, while also commemorating Professor Han's 95th birthday.
Last October 10, 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 We believe that "consular jurisdiction" will become an outdated term in history, and all foreign-related "foreign-related litigation" within China's territory will henceforth be uniformly handled by Chinese courts in accordance with the law. However, when adjudicating foreign-related litigation concerning private law, 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 questions all fall within the scope of international private law research.
In the past, China was constrained by consular jurisdiction, and there was no urgent need to understand this field of study. As a result, legal scholars often paid little attention to it. But now that consular jurisdiction has been abolished, it is necessary for us to pay close attention to and study this field. 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, legal scholars have shown exceptional enthusiasm for research in this area. Many major works on international private law published in recent years can serve as valuable references. Taking only the past few years as an example, the following important works have been published in the United Kingdom, the United States, Germany, and France: Charles' "Theory of Private International Law," Stoebel's "Principles of Conflict of Laws," Ku Liqi's "Essentials of Conflict of Laws," Rappe's "Theory of Private International Law in Germany," and Niepoy's "Theory of Private International Law in France." Professor Nussbohm's new work, "Principles of Private International Law," can also be considered one of the important works on international private law in recent years.
Before 1933, the author served as a professor of law at Humboldt University in Berlin for several years. In 1933, he moved to the United States and became a visiting professor at Columbia University Law School. He is an expert in international private law and commercial law. He has written a German-language book titled "Theory of Private International Law in 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 receiving 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 analysis and discussion of several important fundamental issues in the field. The book is divided into three parts: The first part discusses the nature, scope, and historical evolution of various theories of international private law. The second part examines some basic issues in international private law, such as "qualification," "restitution," "public policy," "evasive submission to foreign law," "residence and nationality," and "formality of transactions." Additionally, it provides a more detailed discussion of contractual issues. The third part focuses on procedural issues, such as jurisdiction, the recognition and enforcement of foreign judgments, and the proof of foreign law. At the end of the book, a concise bibliography is included, listing important works and periodicals on international private law published in recent years, selected for reference.
The relevant theoretical articles included in this book cover fields such as conflict of laws research, the unification of private law under international law and comparative law research, e-commerce and international private law, and mechanisms for resolving international civil and commercial disputes.