Course Syllabus of Zhongnan University of Economics and Law
Course Title: Conflict of Laws | ||||
Course Code | 61063007 | Semester | 2 | |
Teaching Hours | 32 | Credits | 2 | |
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.
As a foundation and survey course, this course covers the main 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.
Chen Weizuo, Chinese Civil Procedure and the Conflict of Laws, Press of Tsinghua University, 2011.
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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
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Chapter 3 | Jurisdiction of Courts in International Civil Litigation Topic1: Bases for jurisdiction in the US Topic2:Bases for jurisdiction in the EU Topic3:International civil jurisdiction in China
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Chapter 4 | Choice-of-law rules Topic1:Characterization Topic2:Evasion of law Topic3:Proof of foreign law Topic4:Mandatory rules Topic5:Public policy | |||
Chapter 5 | Selected Areas of Conflicts Rules Topic1:Contract Topic2:Torts Topic3:Property
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Chapter 6 | 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. | |||
