On the Development of the Doctrine of the Most Significant Relationship in Theory
MA Zhi-qian
Abstract
MA Zhi-qian
Abstract
With the changes of the times,the doctrine of the most significant relationship is becoming perfect.Although America whose source of law is case law endows judges with discretionary power and adopts flexible method,the trend is from method to rule.European mainland countries amend the doctrine of the most significant relationship and introduce Characteristic Performance Theory that embodies the doctrine of the most significant relationship.The development of the doctrine of the most significant relationship in theory represents regularization and limitation.
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With the changes of the times,the doctrine of the most significant relationship is becoming perfect.Although America whose source of law is case law endows judges with discretionary power and adopts flexible method,the trend is from method to rule.European mainland countries amend the doctrine of the most significant relationship and introduce Characteristic Performance Theory that embodies the doctrine of the most significant relationship.The development of the doctrine of the most significant relationship in theory represents regularization and limitation.
Key concepts: Doctrine, Law, Law and economics, Political science, Economics