法律行为方式的法律适用原则新发展

在法律行为方式的法律适用上,各国已日益放弃传统单一、僵硬的行为地法原则,而采用一种更趋宽松、灵活的法律适用原则或规则。之所以出现这种新的发展趋势,不仅有其理论基础,更有其实践需要,且不乏其相应的技术支撑。对此作客观、理性、深入的分析和思考,无疑有助于我们在更好地了解和掌握国际私法普遍发展规律的基础上,积极推动国际私法相关理论、立法和实践的进一步发展和完善。

Applicable Law Principles in the Form of Legal Act:Legal Consideration on New Development

When determining the applicable law for the form of legal act, more and more countries have abolished the traditional principles of application of law which are too dull and hard, but establish a set of new principles or rules which are more flexible and reasonable. The above new trend is mainly based on the following factors: theoretical foundation, practical needs, and technology support. It is undoubtedly helpful for us to grasp the general developing rule of private international law and also on the basis of which to further the development of the corresponding theory, legislation and practice that we should make a objective, reasonable and deep analysis and consideration.