Part Five General Part of Conflicts Law
Chapter One Characterization
Chapter Two Renvoi and the Incidental Question
Chapter Three Proof of Foreign Law and Evasion of Law(https://www.daowen.com)
Chapter Four Ordre Public Reservation
Chapter Five Mandatory Rules
This part examines a number of conceptual issues recur in discussions of choice-of-law problems.Topics such as characterization,dépeçage,renvoi,the incidental question,proof of foreign law,evasion of law,ordre public reservation and mandatory rules occur so frequently that Anglo- American Conflicts literature generally refer to them as “pervasive problems,”1 and civil law as “general part.”2 These concepts often serve as “escape devices,” because they can be manipulated to “escape” the otherwise inflexible regime imposed by classic choice-of-law rules.Most of these topics will be examined from the perspective of comparative law in this part,and the relevant Chinese theory,legislation and judicial practice will be analyzed emphatically.