The territorial effect of law
refers to the effect of a country's laws on all people, things and behaviors within its jurisdiction, which mainly shows the territorial superiority of the country.
extraterritorial effect of laws
The effect that a country's laws can take place outside the territory under the jurisdiction of the maker is often reflected in the personal superiority of the country.
The definition of private international law
is an independent legal department, which takes foreign-related civil relations as the adjustment object, takes solving legal conflicts as the central task, takes conflict norms as the most basic norms, and at the same time includes norms that stipulate the civil legal status of foreigners, unified substantive norms that avoid or eliminate legal conflicts, and norms of international civil litigation and arbitration procedures.
connection point
is also called connection basis or connection factor. It refers to a factual factor that specifies where the law should be applied to the legal relationship or legal issue referred to in the scope of conflict norms. Therefore, the connecting point plays a decisive role in the expression formula of applicable law.
Identification
refers to the legal cognition process of "characterizing" or "classifying" the nature of relevant facts according to a certain legal viewpoint or legal concept, and classifying them into a specific legal category, so as to determine which conflict norm should be used. Identification is the premise of deciding to invoke conflict norms.
Prerequisite problem
Also known as incidental problem, refers to the solution of some contentious issues in private international law, on the condition that another issue is solved first. The issue of this dispute is called "this issue" or "main issue", and the issue that needs to be solved first is called "preliminary issue". The preliminary question was first put forward by German scholars Messio and Wanger in 1932-1934.
public order
public order in private international law mainly refers to a reservation system in which a court refuses or excludes the application of a foreign law when it should have applied it as the applicable law according to its own conflict norms, because the application result conflicts with the major interests, basic policies, basic moral concepts or basic principles of the court country. Therefore, it is sometimes called "reservation of public order".
Legal evasion
Also known as "legal fraud evasion" or "election fraud", it means that the parties in foreign-related civil relations deliberately create a connection point to avoid the applicable law and make the law that is beneficial to them applicable.
License agreement
is the most widely used and common contract form in international technology transfer. The so-called license agreement refers to a contract in which the licensor who owns the patented technology or trademark agrees to the licensee to use the patented technology or trademark, and the licensee pays the royalties. Sometimes, the license agreement also includes the transfer of know-how. In the license agreement, the licensee only obtains the right to use the patented technology and trademark under the agreement, but not its ownership.
the legitimacy of children born out of wedlock (key points)
civil litigation and international civil litigation
or civil procedures refer to the procedures carried out by the state judicial organs to protect their civil rights and interests at the request of the parties. If international factors are involved in civil litigation, or from the specific point of view of a certain country, foreign factors are involved, it constitutes an international civil litigation.
The guarantee of litigation costs
usually refers to the guarantee that a foreigner or a person who has no domicile in China orders the plaintiff to provide at the request of the defendant or in accordance with the provisions of domestic laws in order to prevent his plaintiff from abusing his litigation rights or not paying the litigation costs after losing the case.
relief of litigation costs and judicial assistance
judicial assistance, also known as litigation assistance or legal aid, is closely related to relief of litigation costs. Generally speaking, the scope of judicial assistance is slightly larger than the scope of reduction and exemption of litigation costs. Judicial assistance includes not only the reduction and exemption of litigation fees, but also other expenses such as the reduction and exemption of execution fees and lawyer fees. According to Article 2 of the International Convention on Judicial Assistance, which was signed in The Hague in 198, the scope of judicial assistance also includes legal advice.
Assistance in private international law
, also referred to as judicial assistance for short, generally refers to that a court or other competent authority of one country, at the request of a court or other competent authority of another country or the parties concerned, performs or assists in certain judicial acts related to litigation.
Extraterritorial service
refers to the act that a court of a country delivers judicial documents and extra-judicial documents to litigants or other participants living abroad according to international treaties or domestic laws or according to the principle of reciprocity.
Extraterritorial investigation and evidence collection
refers to a country's judicial organ requesting a foreign competent authority to collect and extract evidence related to a case on its behalf.
arbitration clause autonomy theory
holds that if the arbitration clause is included in the contract, even if the contract is invalid and the arbitration clause is not invalid, the parties concerned can still apply to the arbitration organ for arbitration. The court shall not accept the lawsuit related to the contract on the ground that the arbitration clause is invalid together with the contract. Similarly, the arbitration organ shall not refuse the arbitration application on the ground that the arbitration clause is invalid together with the contract.
the principle of dual nationality national treatment