Expansion and Restrictions of Autonomy Principle in the Law Application Act
Liu Yi-ton
Abstract
Liu Yi-ton
Abstract
The Autonomy Principle has extended from the contract to tort,marriage and family,and many other fields. The Foreign-related Civil Relations Application Act of the People's Republic of China( hereinafter referred to as the Law Application Act) takes the principle of autonomy at the status of the basic principles,compared with the civil law,which has greatly enhanced its role in the conflict specification and extend its scope. As a major breakthrough in the field of private international law,the parties concerned comply with the provisions of the principle of autonomy of the world development trend,even is innovative,thought the individual provisions have yet to be improved,and need test in the judicial practice.
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The Autonomy Principle has extended from the contract to tort,marriage and family,and many other fields. The Foreign-related Civil Relations Application Act of the People's Republic of China( hereinafter referred to as the Law Application Act) takes the principle of autonomy at the status of the basic principles,compared with the civil law,which has greatly enhanced its role in the conflict specification and extend its scope. As a major breakthrough in the field of private international law,the parties concerned comply with the provisions of the principle of autonomy of the world development trend,even is innovative,thought the individual provisions have yet to be improved,and need test in the judicial practice.
Key concepts: Autonomy, Tort, Scope (computer science), Law, China, Conflict of laws, Political science, Civil law (Civil law)