2003Unpublished venueRequires access

On the Jurisdiction Rules of the New Italian Private International Law

Geng Yong

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Abstract

The Jurisdiction Rules of the New Italian Private International Law have such features as openness?practicism?flexibility and efficiency. First of all,the new law embodies jurisdiction rules to meet the demands of the new trend of codification of private international law. Secondly it bases jurisdiction primarily on domicile to meet the trend of economic globalization.Thirdly it retains nationality as base of jurisdiction for foreign-related cases of marriage and inheritance on practical considerations. Fourthly, it takes a more liberal attitude towards international conventions so as to extend their applications. Fifthly, it emphasizes the use of jurisdictional agreements to improve the flexibility and efficiency of jurisdictional rules and foreign-related civil and commercial litigations. Finally,it adopts a new institution of lis pendens to strenghen the hamonization of jurisdiction conflicts.

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What this paper is about

The Jurisdiction Rules of the New Italian Private International Law have such features as openness?practicism?flexibility and efficiency. First of all,the new law embodies jurisdiction rules to meet the demands of the new trend of codification of private international law. Secondly it bases jurisdiction primarily on domicile to meet the trend of economic globalization.Thirdly it retains nationality as base of jurisdiction for foreign-related cases of marriage and inheritance on practical considerations. Fourthly, it takes a more liberal attitude towards international conventions so as to extend their applications. Fifthly, it emphasizes the use of jurisdictional agreements to improve the flexibility and efficiency of jurisdictional rules and foreign-related civil and commercial litigations. Finally,it adopts a new institution of lis pendens to strenghen the hamonization of jurisdiction conflicts.

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Available abstract

The Jurisdiction Rules of the New Italian Private International Law have such features as openness?practicism?flexibility and efficiency. First of all,the new law embodies jurisdiction rules to meet the demands of the new trend of codification of private international law. Secondly it bases jurisdiction primarily on domicile to meet the trend of economic globalization.Thirdly it retains nationality as base of jurisdiction for foreign-related cases of marriage and inheritance on practical considerations. Fourthly, it takes a more liberal attitude towards international conventions so as to extend their applications. Fifthly, it emphasizes the use of jurisdictional agreements to improve the flexibility and efficiency of jurisdictional rules and foreign-related civil and commercial litigations. Finally,it adopts a new institution of lis pendens to strenghen the hamonization of jurisdiction conflicts.

Key concepts: Jurisdiction, Conflict of laws, Flexibility (engineering), Law, Nationality, Choice of law, Subject-matter jurisdiction, Business

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