Course Syllabus of Zhongnan University of Economics and Law
Course Title: Conflicts of Law | ||||
Course Code | 41063007 | Semester | 1 | |
Teaching Hours | 48 | Credits | 3 | |
Prerequisites | Civil law, International law, civil procedure | |||
Instructor Information | ||||
Name | SU Yantao； HUANG Zhihui | suyantao@hotmail.com; huangzhihui@zuel.edu.cn | ||
Institute | Law School | |||
Applicable Object | International Students | |||
Course Objectives | This course introduces international students to the Conflict of Laws, as to the basic concepts and mechanism of this branch of law, and Chinese legislative rules, judicial interpretations issued by Chinese Authorities, also some representative judicial cases ruled abroad and in China. Some basic knowledge on Chinese legislative system and judicial system, Civil law, Chinese civil procedure, Public International Law and International Commercial Arbitration is required before this course’s study. At the end of this course’s study, we hope students will acquire knowledge on the basic concepts and mechanisms of Conflict of Laws, and Chinese legal rules, and their judicial functioning in practice.
As a foundation and survey course, this course covers the entire range of Conflict of Laws, specifically the main Chinese rules of private international law and issues born in the practice. Through this course, students will get all basic knowledge on the Chinese private international law, and some impressions on the Chinese judicial system, the international commercial arbitration and the interregional conflict of laws in China as well.
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Course Description (200 words) | Conflict of laws aspires to provide solutions to disputes that have legal implications involving more than one state. It answers three questions that usually occur in international civil and commercial disputes, namely, jurisdiction, choice of law, and the recognition and enforcement of foreign judgment. Private international law exists because of the existence of separate municipal systems of law, and because of the cross-border civil and commercial activities that bring together elements relating to different countries. In a globalized world, it will be of more importance in international exchanges.
Based on common understanding of different countries, this course pays attention on the Chinese experience concerning Conflict of Laws, including the introduction, historical development, the present situation, particularly its role played in the course of social and economic development, the achievement made in the course of legal construction.
By the end of the semester, successful students will have a firm understanding of the basic conceptions in the field of conflict of laws, the diverse mechanisms and the whole rules of Chinese private international law. Based on that knowledge, they can also make their own evaluation on the developing level of Chinese private international law at the current stage.
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Assessment Methods | Beside the attendance, this course ends by a final examination (held during final exam period). The format of this examination could be a paper prepared by the students, or a written examination based on the lecture. Weight Attendance 20% Final exam 80% Total 100 % | |||
Textbooks and References | Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo, Conflict of Laws in the People’s Republic of China, Edward Elgar Publishing, 2016.
Huo Zhengxin, Private International Law, University of International Business and Economics Press, Beijing, 2021.
Paul Torremans and others, Cheshire, North & Fawcett Private International Law,15th edition, Oxford University Press, 2017.
Chen Weizuo, Chinese Civil Procedure and the Conflict of Laws, Press of Tsinghua University, 2011.
J.G. Collier, Conflict of Laws, 3rd Edition, Press of China Renming University, 2005.
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Course planning | ||||
Chapter 1 | Basic Concepts Topic1: Object Topic2: Nature Topic3: Scope Topic4: Sources
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Chapter 2 | Historical Survey Topic1: Statute theory Topic2: Seat theory of Savigny Topic3:The vested rights theory Topic4:The American revolution of conflict of laws Topic5:Chinese history of
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Chapter 3 | Subjects of Private international law Topic1:Natural person Topic2:Legal person Topic3:States, Immunity of states and their property Topic4:Chinese position on the state immunity
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Chapter 4 | Jurisdiction of Courts in International Civil Litigation Topic1:Categories of jurisdiction Topic2:Conflict of jurisdiction Topic3:Types of civil jurisdiction in the US Topic4:Bases for jurisdiction in the US Topic5:International civil jurisdiction in China
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Chapter 5 | Choice-of-law rules Topic1:Structure and types Topic2:Incidental question Topic3:Characterization Topic4:Renvoi Topic5:Evasion of law Topic6:Proof of foreign law Topic7:Mandatory rules Topic8:Public policy | |||
Chapter 6 | Selected Areas of Conflicts Rules Topic1:Capacity Topic2:Contract Topic3:Torts Topic4:Property Topic5:Marriage and divorce Topic6:Matrimonial Causes Topic7:Succession | |||
Chapter 7 | Recognition and Enforcement of Foreign Judgment Topic1:Conditions of Recognition and Enforcement Topic2:Procedure of Recognition and Enforcement
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Chapter 8 | Recognition and Enforcement of Arbitral Award Topic1:The New York Convention Topic2:Domestic rules on the Recognition and Enforcement of Foreign Arbitral Award.
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Chapter 9 | Interregional Conflict of Laws in China Topic1:Historical reasons Topic2:One China policy Topic3:Current situations | |||
