Journal of Shanghai University (Social Science Edition)
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HE Zhi-peng,HONG Di-yun,SUN Ping-ping
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Abstract: Abstract: With the overall outspread of the reform and open to the outside world as well as the continuous development of the Chinese economy, not only the contact of the foreign civilandcommercial affairs becomes more frequent, but also the dominion of the international private law faces a lot of opportunities and challenges. Especially for foreign civilandcommercial affairs, there are such numerous and complicated cases that our current legislation of the international private law is difficult to meet the requirement of intricate instances. This essay, trying to base on the tradition and status quo of our case law, and by a systematic comparing analysis of the attitudes of continentallawsystem countries towards the precedents of the international private law, probes into the feasibility of introducing the case system so as to perfect and develop our international private law.
Key words: case system, British and American case law, abide by decided cases, case binding, Key words: international private law
CLC Number:
DF97
HE Zhi-peng;HONG Di-yun;SUN Ping-ping. A Probe into the Feasibility of the Case System Employed in Our International Private Law[J]. Journal of Shanghai University (Social Science Edition).
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https://www.jsus.shu.edu.cn/EN/Y2008/V15/I6/137