On the Recognition and Enforcement of Foreign Civil and Commercial Judgments??"??"the Coordination between the Parties’ Autonomy and the Public Order

DOI

10.2991/isss-18.2018.31How to use a DOI?

Keywords

Foreign civil and commercial judgments; recognition and enforcement; indirect jurisdiction; parties’ autonomy; application of law; public order.

Abstract

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.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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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  - 10.2991/isss-18.2018.31
ID  - Sun2018/05
ER  -