留学 论文代写:德国国际私法

28 6月 留学 论文代写:德国国际私法

留学 论文代写:德国国际私法

德国国际私法第4(1)条第1款选择选择性地适用renvoi,因为在另一个国家的法律可以支持作为renvoi的有意义的理由而提出的问题的情况下。在外国法适用的地方,德国人对renvoi的立场则是外国冲突法适用。对于理解中国国际私法驱逐出境,在第九条规定,当一个主题是驱逐出境就那么外国法可以应用于民事关系和问题不包括冲突规则的驱逐出境的国家承认。在2010年之前,中国的立法对“renvoi”和“renvoi在中国的司法解释”保持沉默。《中华人民共和国民法通则》第178条第2款所作的司法解释甚至提出了将其完全排除在外的选择。虽然这种排除实际上可以简化伦沃伊的法律,但这可能会导致问题,因为伦沃伊在过去几年中出现了一些被拒绝的情况,最终有利于促进正义,而在其他情况下则必须被拒绝。
然而,中国法律学者一直主张至少在某些领域纳入renvoi,其背景是它将支持国际决策协调将得到保障的法院判例。如果允许采取第9条所规定的几乎完全拒绝Renvoi的立场,那么就会导致一种情况,即部分许可会使法官的司法任务更加复杂化。它要么被拒绝,要么被完全允许,但应谨慎行事,以确保外国法律和冲突规则不会改变提出renvoi的意义。现在,由于在伦沃伊没有采取这种立场,因此,有可能在不考虑其他国家冲突规则的情况下适用论坛法,因为根据第9条,这些规则无论如何都不适用。关于是否需要审议外国法律的程序法,目前还提出了其他的关切。对第9条的非常字面的解释导致了这里的肯定答案。程序性问题通常由《法规》管辖,因此应被视为一项公认的普遍接受的原则。它们都不能被视为一个特定国家的立法意志。

留学 论文代写:德国国际私法

Article Art. 4(1)1 of the German Private International choses to selectively apply renvoi as for those situations where the law of another country could support the issue raised as renvoi for its meaningful cause. Where the foreign law applied, then the German standpoint on renvoi presents that the foreign nations conflict law applies. In the case of an understanding of renvoi in Chinese Private International Law, it is stated in Article 9 that when a subject is renvoi’d then the foreign law could be applied to the civil relation and issue would not include the conflict rules of the country where renvoi is admitted. Before the year 2010 the Chinese legislation was silent on what was to be the renvoi and judicial interpretation on the renvoi in China. A choice to even exclude it completely was suggested by a judicial interpretation made in Paragraph 2 of Article 178 of the General Principle of Civil Law of the People’s Republic of China. Although such an exclusion could in fact have simplified the law in renvoi, this could have led to issue as renvoi of the past years have shown some situation of rejection which ends up convenient for promoting justice and in others would have to be rejected.
However, Chinese law scholars have been advocating for an inclusion of renvoi at least in some fields on the context that it would support the cases of lex fori where international decisional harmony would be ensured. Where a stance towards a near complete rejection of Renvoi as article 9 stipulates is allowed then it leads to a situation where a partial permit would complicate the judicial tasks of judges more. It should either have been rejected or have been permitted completely with care taken to ensure that the foreign country law and conflict rules does not change the meaning for which the renvoi is raised. Now since such a standpoint in renvoi has not been taken it so happens that there is a possibility for application of forum law with not much consideration for other country’s conflict rules as they would not be applicable anyways according to Article 9. Additional concerns are raised at this point as to whether the foreign law’s procedural law needs to be considered. A very literal interpretation of Article 9 leads to an affirmative answer here. Procedural issues are usually governance by the lex fori and hence are to be considered as being a well-established and a universally accepted principle. They can neither be considered as a legislative will of a particular country.