On the Recognition and Enforcement of Foreign Civil and Commercial Judgments??"??"the Coordination between the Parties’ Autonomy and the Public Order
- https://doi.org/10.2991/isss-18.2018.31How to use a DOI?
- Foreign civil and commercial judgments; recognition and enforcement; indirect jurisdiction; parties’ autonomy; application of law; public order.
The factors that affect the recognition and enforcement of foreign civil and commercial judgments include the jurisdiction of the court and the public order of the requested country. Especially when the foreign judgment is made on the basis of the parties' choice of court and the choice of law, it is necessary to consider the coordination between the party autonomy and the public order. In the design of the legal system of the recognition and enforcement foreign judgment, China should take the parties’ autonomy of choices of law that is given by the Chinese procedural law and conflict laws into consideration, to restrict the reservation of public order correspondingly, in order to achieve the consistency of the recognition and enforcement of foreign judgments in the system.
- © 2018, the Authors. Published by Atlantis Press.
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Cite this article
TY - CONF AU - Yunxia Sun AU - Haifeng Liu AU - Jinlei Li AU - Peng Zhang PY - 2018/05 DA - 2018/05 TI - On the Recognition and Enforcement of Foreign Civil and Commercial Judgments??"??"the Coordination between the Parties’ Autonomy and the Public Order BT - Proceedings of the 4th International Symposium on Social Science (ISSS 2018) PB - Atlantis Press SP - 153 EP - 159 SN - 2352-5398 UR - https://doi.org/10.2991/isss-18.2018.31 DO - https://doi.org/10.2991/isss-18.2018.31 ID - Sun2018/05 ER -