It refers to the effectiveness of a country's laws on all people, things and behaviors within its jurisdiction, which is mainly manifested in its territorial advantages.
Extraterritorial effect of laws
The effectiveness of a country's laws outside the territory under the jurisdiction of the makers is often reflected in the country's sense of personal superiority.
Definition of private international law
It is an independent legal department that takes foreign-related civil relations as the adjustment object, takes solving legal conflicts as the central task, and takes conflict norms as the most basic norms, including 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.
relationship
Also known as link basis or link factor. It refers to a factual factor, which stipulates that the law should be applied to the legal relations or legal issues referred to within the scope of conflict norms. Therefore, the connection point plays a decisive role in the expression formula of the applicable law.
identify
It refers to the legal cognitive process of "defining" or "classifying" the nature of relevant facts according to certain legal viewpoints or legal concepts, and classifying them into specific legal categories, so as to determine which conflict norms should be used. Identification is the premise of deciding to invoke conflict norms.
Preliminary problem
Also known as incidental problems, it refers to the solution of some controversial issues in private international law, which is conditional on solving another problem first. This controversial issue 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 from 1932 to 1934.
public order
Public order in private international law mainly refers to a reservation system in which the court refuses or excludes the application of a foreign law because the application result conflicts with the important interests, basic policies, basic moral concepts or basic principles of the law of the country where the court is located when it should be applied as the applicable law according to its own conflict norms. Therefore, it is sometimes called "the reservation of public order".
Escape from the law
Also known as "legal fraud evasion" or "legal choice fraud", it refers to an act of evading or evading the law that the parties in a foreign-related civil relationship deliberately create a connection point in order to take advantage of a certain conflict norm in order to evade the law that should be applied, so that the law that is beneficial to them can be applied.
License agreement
It is the most widely used and common contract form in international technology transfer. The so-called license agreement refers to the contract that 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 licensing agreement, the licensee only obtains the right to use the patented technology and trademark under the agreement, but does not obtain its ownership.
Arrangement of children born out of wedlock (key points)
Civil litigation and international civil litigation
Or "civil procedure" refers to the procedure carried out by the state judicial organs at the request of the parties to protect their civil rights and interests. If a civil action involves international factors, or from the specific point of view of a country, it involves foreign factors, it constitutes an international civil action.
security for costs
Usually refers to foreigners or people who have no domicile in China. In order to prevent their plaintiffs from abusing their litigation rights or not paying litigation fees after losing the case, they are ordered to provide guarantees at the request of the defendant or in accordance with the provisions of domestic law.
Litigation fee reduction and judicial assistance
Judicial assistance, also known as litigation assistance or legal aid, is closely related to the reduction of litigation costs. Generally speaking, the scope of judicial assistance is slightly larger than the scope of litigation fee reduction. Judicial assistance includes not only the reduction of legal fees, but also the reduction of execution fees, attorney fees and other expenses. According to Article 2 of the Convention on International Judicial Assistance signed in The Hague in 1980, the scope of judicial assistance also includes legal advice.
Private international law assistance
Referred to as judicial assistance, it generally means that a court or other competent authority of one country performs or assists some judicial actions related to litigation at the request of another court or other competent authority or party.
Foreign affairs office
It refers to the act that a court of a country sends judicial documents and extra-legal 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
It refers to a country's judicial organ requesting foreign authorities to collect and extract evidence related to a case in that country on its behalf.
Theory of autonomy of will of arbitration clause
That is to say, if the contract contains an arbitration clause, even if the contract is invalid, the arbitration clause is not invalid, and the parties can still apply to the arbitration organ for arbitration. The court will not accept a lawsuit related to the contract on the grounds that the arbitration clause is invalid together with the contract. Similarly, the arbitration organ shall not refuse the arbitration application on the grounds that the arbitration clause is invalid together with the contract.
Principle of dual nationality national treatment
Refers to the nationality of the main author or the nationality of the work (that is, the country where it was first published) is a member of the Berne Convention for the Protection of Literary and Artistic Works, and other member States should give national treatment to their works and enjoy equal protection.
Feature realization theory
Among the debts of a contract, one party's performance is enough to distinguish the contract from other kinds of contracts in nature, which can be called special performance. The theory of determining the legal application of a contract according to its characteristic performance is called the characteristic performance theory. This performance is also often used to determine where (where) the law is most closely related to the contract.
"Bones near chattels"
Also known as "chattel follows people" or "chattel has no place", it means that the real right of chattel is not controlled by the law of the place where the property is located, but the law of the place where the owner or occupier of chattel lives should be applied.
Convention on the law applicable to the succession of the deceased.
1988 was adopted by The Hague Conference. Its main feature is to adopt the habitual residence with multiple contact factors and realize the same system of legal inheritance of heritage. To a certain extent, the principle of closest connection and a certain degree of autonomy of will have been adopted.
Judicial assistance
Also known as the "poor rule" or "litigation assistance", it refers to the rule that the court exempts the parties who are unable to pay the litigation costs according to certain conditions.
Negative conflict of nationality
It refers to the situation that there is no nationality of any country at the same time.
Location theory of legal relationship
Proposed by German jurist savigny. From the perspective of universalism, the applicable law of foreign-related civil relations should be the law of its place according to its own nature.
Huber
/kloc-Dutch jurist in the 7th century, who founded the "international comity theory". According to this theory, laws only have extraterritorial effect in principle, but under certain conditions (that is, without harming their sovereign rights and the interests of their subjects), a country can also recognize the extraterritorial effect of foreign laws according to "comity".
Hague conference on international justice
It is the earliest international organization engaged in the unification of conflict law and procedural law, and was established in The Hague, the Netherlands. However, from the first meeting of 1983 to the seventh meeting of 195 1, it was only a temporary international meeting. It was not until the Charter of The Hague Conference on Private International Law was adopted in 195 1 that it became a permanent international organization. It holds a formal meeting every four years, and now it has adopted 34 conventions on the unification of conflict laws and procedural laws. China became a full member of the conference only after the letter of acceptance was deposited on July 3rd 1987.
most-favoured-nation clause
It refers to a treatment system in which the preference-giving country undertakes treaty obligations and gives the citizens and legal persons of the third country (the most-favoured-nation country) the same preferential treatment as those of the citizens and legal persons of the other contracting party.
Single bankruptcy system
It refers to a system that after a country applies for bankruptcy, the bankrupt's property in other countries is also classified as bankruptcy property, and it is uniformly and fairly distributed.