Proceedings of the 4th International Symposium on Social Science (ISSS 2018)

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

Authors
Yunxia Sun, Haifeng Liu, Jinlei Li, Peng Zhang
Corresponding Author
Yunxia Sun
Available Online May 2018.
DOI
https://doi.org/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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Volume Title
Proceedings of the 4th International Symposium on Social Science (ISSS 2018)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
May 2018
ISBN
978-94-6252-515-3
ISSN
2352-5398
DOI
https://doi.org/10.2991/isss-18.2018.31How to use a DOI?
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/).

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  -