Australian Private International Law Research

Author: Dong Liping
Publisher:
Publishing Date: 1999-05-01
Features: With the further deepening and development of China's reform and opening-up, the country faces an increasing number of international and regional legal conflict issues. Australian private international law has rich practical experience in resolving international and regional legal conflicts, making it worth. Based on this purpose, this book extensively explores and studies Australian private international law by citing and analyzing a large number of cases, and offers insights into existing problems or issues requiring further reform. The book is divided into five parts—Introduction, Jurisdiction, General Choice of Law, Choice of Law in Specific Areas, and Recognition and Enforcement of Judgments and Awards—and is discussed in ten chapters.
Chapter 1 provides an overview of the sources of Australian private international law, the characteristics of legal conflicts, and its basic theories, as well as fundamental issues and new developments. Chapter 2 focuses on issues related to domicile, residence, and nationality in Australian private international law. Chapters 3 and 4 analyze and discuss the basis and principles of jurisdiction, as well as the restrictions on jurisdiction. Chapters 5 and 6 primarily explore the general issues of choice of law in Australian law, the methods of handling choice of law, and the issue of restricting the application of laws from other states (regions).
Chapter 7 discusses the choice of law in specific areas such as contracts, negotiable instruments, international monetary debts, torts, property, trusts, administration of estates of the deceased, inheritance, companies, and bankruptcy. Chapter 8 addresses choice-of-law issues in family matters, such as the formation of marriage, marital relief, maintenance, guardianship and welfare of children, the status of children, and adoption. Chapter 9 analyzes and discusses issues related to the recognition and enforcement of judgments and awards from other states (countries) under Australian private international law. Chapter 10 analyzes and discusses the choice of law regarding arbitration and the enforcement of arbitral awards. The conclusion part proposes the main existing problems and issues requiring further reform in Australian private international law.
[Editor's Recommendation] The purpose of the China Civil and Commercial Law Special Topics Research Series is to take into account the actual conditions of China's reform and opening-up and the development of a socialist market economy, extensively reference the successful experiences in civil and commercial legislation and new case law and doctrines of developed countries and regions, conduct in-depth research on the basic theories and major legal issues in civil and commercial law, and provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific practice of civil and commercial adjudication. This series aims to enhance the theoretical level of civil and commercial law, promote research talent in civil and commercial law, and help China's civil and commercial law research catch up with the level of developed countries and regions as soon as possible.