國際司法重點內(nèi)容ppt第二章-文庫吧資料
2025-05-21 21:17本頁面
【正文】 rejected the statute doctrine. Instead Savigny adopted and perfected the bilateral choiceoflaw approach. Rather than focusing on the conflicting laws and trying to ascertain their intended spatial reach, Savigny began his analysis from the opposite end. He focused on disputes or legal relationship and then sought to identify the state in which each relationship has its “seat”. 五、戴西的“既得權(quán)說” （一）歷史條件 （二）主要觀點 既得權(quán)說 Doctrine of Vested Rights：一國法院適用外國法是為了保護法律關(guān)系主體已經(jīng)取得的權(quán)利。 ? Comity was defined as something between mere courtesy and a legal duty. The most famous of these authors, Ulricus Huber, postulated the following three axioms: ? The laws of each state have force within the territory but not beyond. ? These laws bind all those who are found within the territory, whether permanently or temporarily. ? Out of ity, foreign laws may be applied so that rights acquired under them can retain the their force, provided that they do not prejudice the state’s power or rights. 四、薩維尼的“法律關(guān)系本座說” （一）歷史條件 （二）生平簡歷和主要觀點 法律關(guān)系本座說（ The seat of Legal Relatio
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