British private international law

下面为大家整理一篇优秀的assignment代写范文- British private international law，供大家参考学习，这篇论文讨论了英国的国际私法。英国的国际私法虽然起步较晚，但却迅速成为当代国际私法的重要代表国家，并对世界上许多国家产生了深远的影响。英国的国际私法在勃兴时期所凸显出的特征，是其时代背景下以经济为中心的综合因素利益平衡的结果。

The prosperity of British private international law has its multiple background and profound reasons. The characteristics of British private international law highlighted in the booming period are the result of the balance of interests of the comprehensive factors centering on economy under the background of its era. It is for this reason that Britain, which originated late in the history of private international law, develops rapidly and becomes an important representative country of contemporary private international law. Although China's private international law appeared earlier, it formed later. Therefore, the reason and experience of the rapid development of private international law in Britain, which originated later, undoubtedly have important reference significance for exploring the rapid and sustainable development of private international law in China.

Britain, which has a relatively late origin of private international law, has quickly become an important representative country of contemporary private international law and has exerted a far-reaching influence on many countries in the world.

From the middle of the 19th century to the middle of the 20th century, British private international law flourished, which was characterized by:

It has formed the multi-jurisdiction pattern of contemporary British private international law. According to the act of union with Ireland enacted by the British parliament in 1800, Great Britain and Ireland united to form the United Kingdom in 1801. After the northern and southern divisions of Ireland, Northern Ireland became part of the United Kingdom of Great Britain and Northern Ireland under the Northern Ireland government act of 1920. The United Kingdom after the merger did not implement a unified legal system in its territory, but implemented different legal systems in different regions, thus forming the multi-jurisdiction pattern of contemporary British private international law: England and wales with the common law system; Northern Ireland with a legal system similar to that of England; Scotland a legal system in which continental law is mixed with common law.

Laid the foundation of the modern court system in British private international law. Since the 1830 s, the British court organization and proceeding through a series of legislative reform, one of the most radical and important is the judicial constitution in 1873, the cancellation of the UK at that time, there are some of the highest judicial organization, and the abolition of the common law court and the court of chancery division of the court system, court of appeal and Supreme Court can implement the principle of common law and equity law, but the conflict, preferred equity principle, which unified the British legal system, laid the foundation of British modern court system: The functions of the Supreme Court are assumed by the lords of parliament and the judicial committee of the privy council. In 1881, the United Kingdom combined the court of appeal, the court of finance and taxation and the court of the throne to form a new court of the throne, which was further close to the court system in the contemporary British private international law.

Opened the curtain of theory of domestic private international law. In the mid-19th century, westlake wrote Britain's first private international law, but he only introduced and followed the teachings of continental scholars. Until 1896, professor at the university of Oxford, the famous law of England Daisy in his book "law of conflict of laws of England link code" proposed "vested rights", was first broke through the British international private law tradition of continental Europe model, has opened the vigorous development of private international law theory, which not only became a British an important milestone in the history of the development of private international law, marks the British international private law theory has entered a new stage of its independent development, but also to the world played a tremendous role in promoting the development of private international law, is the world an important page in the history of the development of private international law.

Britain began to participate in the process of unified private international law movement. At the Paris peace conference in 1919, the league of nations was formed. Although it had long been disintegrated, it still had a great influence on the unification of international private law. Britain, as its members, have signed or entered into on the arbitration clause in the protocol, the execution of foreign arbitral awards convention, "about Russia and Armenia agreement on the legal status of refugees, the convention on refugees international status, the unified method of draft, promissory note convention, the convention on the unification check method, thus to the process of British international private international law.

The origins of British private international law are still primarily precedents. Due to the late origin of private international law in Britain, the number of precedents in the field of private international law in Britain during this period was still small compared with the precedents in contract, tort and other legal fields. British courts often decide recent cases on the basis of outdated precedents, and many decisions set different rules, making it difficult to extract guidelines for future cases. However, in this period, the British private international law precedents developed greatly, and many rules of private international law were established. For example, in 1865, 1869 and 1881, the United Kingdom established the rules governing contracts, torts and collimations, and in 1895 established the rule "jurisdiction over divorce by domicile".

The statutory rules of British private international law have increased greatly, and the fields of adjustment have become more and more extensive, but they are still scattered in many laws. During this period, British legislation on private international law mainly included: In 1852 of the "common law procedural law", in 1854 the maritime law, the limited liability act 1855, "marriage law" in 1857, the English law to find out the law in 1859, 1861, the act of the will, the ascertain foreign law act 1861, "colonial marriage law in 1865 and 1868, the ruling extension act, the judicial constitution in 1873, the Supreme Court act 1873, the Supreme Court act 1875," the limited transfer of the land law "in 1882 and 1882, the negotiable instrument law, the married women's property protection act of 1882 , the lower court ruling extension act of 1882, the juvenile guardianship laws in 1886 and 1888, the dead hand of land reserves and charity law ", "intercultural marriage law in 1892, the colony will test in 1892, the sale of goods act 1893, the merchant shipping act 1894," bankruptcy law "in 1914, the carriage of goods by sea act 1924," inheritance law in 1925 and 1926, the quasi the teachings, the colony will test in 1927, 1929, the company law, the foreign judgments act 1933, etc.

From the second half of the 18th century to the first half of the 19th century, Britain took the lead in the first industrial revolution, which not only made Britain rapidly rise to become the world's leading economic power and occupy a dominant position in international trade, but also made other major capitalist countries achieve rapid economic development. Therefore, in the middle of the 19th century, the commercial and social exchanges between Britain and foreign countries grew rapidly, and a large number of international civil and commercial legal conflicts emerged, which required Britain to formulate a large number of private international law rules to solve.

From the late 19th century to the early 20th century, a second industrial revolution took place. New achievements in science and technology were rapidly applied to industrial production, greatly promoting the development of economy. The revolutionary changes in the field of transportation and telecommunications in this revolution further promoted the commercial and social exchanges between Britain and foreign countries, and required Britain to formulate or establish more rules of private international law to solve the problem, thus further promoting the vigorous development of private international law in Britain.

In the middle of the 19th century, Britain's overseas colonies were constantly expanding and reached the peak from the late 19th century to the early 20th century. Britain became the largest territorial suzerain in the world and its colonies spread all over the world. When forcing the colonies to accept British laws, Britain adopted a different approach from the continental European countries that "pursued the legal integration of colonies and metropolitan countries", that is, it did not absolutely import all its laws, but relatively imported those laws that could be applied in the colonies. According to the colonial effectiveness act of 1865, colonial laws could continue to be applied as long as they did not conflict with the principles and spirit of English law and were not invalid due to their conflict with English common law. Therefore, with the increasingly frequent civil and commercial exchanges between Britain and its colonies, there are inevitable legal conflicts between the civil and commercial laws. Therefore, the British government is required to formulate relevant legislation to solve these civil and commercial legal conflicts.

From 1914 to 1918, the World War I broke out between Britain and other Allies and Germany and other Allies in order to re-partition the world and fight for colonies. The direct consequence of the war was that the colonies and territories cut out by the Allies were entrusted by the international alliance to the British and other allied countries, thus further expanding the colonial scope of the UK. There were a large number of civil and commercial legal conflicts between these custodians and the UK, which required the UK to formulate a large number of private international law rules to solve them. One of the indirect consequences of the war was that it caused the great postwar population flow, which made the civil and commercial exchanges between Britain and other countries more frequent and the development of British private international law more rapid. The second indirect consequence of the war was the establishment of the league of nations in 1920. As a member of the league of nations, Britain began to participate in the process of unifying private international law.

Under the Northern Ireland government act of 1920, Northern Ireland became part of the United Kingdom of Great Britain and Northern Ireland. After the merger, the United Kingdom implemented different legal systems in different regions, forming the multi-jurisdiction pattern of contemporary British private international law. Therefore, there must be a large number of civil and commercial legal conflicts among the legal domains of the United Kingdom. Therefore, the United Kingdom is required to formulate relevant legislation to solve these legal conflicts.

Moreover, with the rising number of statute law, appeared a lot of repetition and conflict between these statutes, therefore, since the middle of the 19th century, Britain has been committed to the revision of the statutes), established in 1868, enacted law committee put forward a lot of merger, the advice of the revised statutes, greatly promote the establishment of the relevant rules of private international law statute law, since the end of the 19th century many of the statute law passed by the committee put forward the proposal.

In the late 19th century, the economy of some later capitalist countries developed rapidly due to the second industrial revolution, which gradually threatened the dominant position of Britain in international trade. At the same time, with the awakening and strength of the colonial people, Britain was hit hard by the revolution of the colonial people. In order to protect Britain's vested interests abroad and reconcile the contradiction between the application of foreign laws and the principle of national sovereignty, Daisy's theory of vested rights came into being. This theory provided a theoretical basis for the British courts to apply foreign laws, greatly promoted the development of British private international law, and had a far-reaching impact on other capitalist countries.

During this period, the works of scholars not only increase - has been a lot of British international private law community as a classic Daisy and QiXiEr related works are born during this period, and also created many journals published the paper private international law, mainly includes: the journal of comparative law and international law, "the British international law yearbook", "law review quarterly, the Cambridge law journal and the contemporary law review. The above works not only provide a broad platform for the theoretical study of British private international law, but also provide a lot of information and guidance for the practice of British private international law, and promote the prosperity of British private international law.

Early English court complex, and form a common law court and the court of chancery division of the dual legal system, there are many drawbacks, unfavorable to the execution of law and development, therefore, the British parliament in 1873 formulated the "judicial constitution, the law revoked at that time, there are some of the highest judicial organization, and abolished the system of common law court and the court of chancery, will the court of chancery of exclusive jurisdiction over equity transfers equity division of the Supreme Court, to unify and simplify the English court system; In 1881, the high court financial and taxation court, the court of appeal and the crown court merged to form a new crown court, further simplifying the English court system.

Only accurate and effective compilation of cases can make the principle of following precedent become a binding principle. Before 1865, there were very few case law compilations in Britain, which were in the period of private compilation. In 1865, the committee for the unification of the English and welsh repertory was formed and began publishing the monthly repertory, in which decisions were amended by the justices and regarded as semi-official rather than private. Since 1875, the official compilation period began. The Chambers of the high court began to set up the compilation of cases in different volumes, and the all England compilation of cases since 1936 also existed at the same time. In short, since a precise and effective case compilation system had been formed in this period, it provided a good premise for the development of the case law of British private international law. Therefore, the case law of British private international law and the statute law that can be compiled from it developed greatly in this period.

Thus, contribute the British international private law has its era of pluralistic era background and profound reasons, both lies not conforming to the requirements of the international private law unification, it is not simply to original or transplant elements of other countries, but according to its needs to be founded or organically fuses, formed with the characteristics of British international private law system, so as to respond to the country's social background.

Law is lofty and sacred, but law is not illusory. After all, it is the "embodiment of the general economic situation" of society. Different countries and nationalities, or even different times of a country or a nation, have different overall economic conditions. Therefore, the legislative purpose, value orientation, institutional arrangement and functional design of private international law are also different. When a country creates or borrows from the rules, systems and traditions of private international law. Should not be limited to improve legislation technology and emphasizes the unification of private international law, only from its background, its private international law talents and the country's economic, political, cultural and other social factors in conjunction with interaction, with the development of the society process remain consistent to the greatest extent, maximize the promote economic development and social progress, to achieve the interests of the combination of The Times centering on economic balance. The characteristics of British private international law in its flourishing period are the result of the balance of interests. It is for this reason that Britain, which has a relatively late origin of private international law, develops rapidly and becomes an important representative country of contemporary private international law.

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