晚近欧洲冲突法之发展

晚近欧洲冲突法理论的发展经历了从混乱、嬗变到法典化趋势的过程,受到了美国"冲突法革命"的影响,主要表现在"直接适用的法"理论的产生、例外条款的出现和冲突规范中实体因素的考虑等。现在,欧洲在冲突法和实体法方面成功的双重协调是其显著特点,但冲突法的基点仍然是萨维尼的理论。法律规则的地域范围仍是冲突法理论探讨的永恒主题。

Recent Developments of European Conflict Law

Reviewing and summing up the development of European conflicts law in the half past century, we can see that its theory has experienced the tunnoil and the gradual transfonnation and the codification. During the process, European conflicts law has been influenced deeply by "U. S. Revolution of Conflict of Laws", which could be revealed by the appearance of the doctrine of "Lois d' application immediate", escape clause in the statutes and conflict - rules with substantive elements, etc. Now, the double coordination between conflicts law and substantive law is the notable character of European conflicts law, but the European doctrine in the field of conflicts law still stays under the spell of Savigny. The territory limit on rules of law is the eternal topic in theory and practice in European conflicts law.