Doctrine of Evasion is a type of anciently lawful institution of the international private law. Doctrine of Evasion can be specifically defined as the person, who is involved into the civil relationship of foreign commerce, utilizes the certain conflicts of law, intentionally generating the certain connection in order to evade the operation of otherwise mandatory provisions once duties and liabilities have been properly imposed or incurred, to become beneficiary from the law leading to the more optimistic and expected verdict. Along with increasing interaction of internationally civil and commercial affairs, Doctrine of Evasion has been instilled into every aspect in terms of international private law in nowadays. Due to the difference regarding to the politics, economy, historical development and social institution among the countries, the opinions of unified lawful facts and behavior differs greatly, even the opposition to certain doctrines exists. Since the French Supreme Court verdict of Bauffremont's Divorce case in 1878, Doctrine of Evasion becomes a fundamental question and evokes the general attention and profound research in the aspect of the international private law. There appears to be some ostensible difference to the questions of the Doctrine of Evasion among the countries because of their dissimilar legislature and practice. Furthermore, the differences result in the sweeping existence of Doctrine of Evasion, disturbing the regular discipline of the internationally civil and commercial affairs and threatening severely the legislative dignity of the countries. Therefore, the research on the fundamental problems raised by Doctrine of Evasion and the expectation to achieve the perfection of the related legislature becomes more in theoretical values and pragmatic meaning.
Keywords: Doctrine of Evasion, Key Components, Legislature in Status Quo, Law for Direct Application.
-----------------------------------------------------------------------------------------------------
翻译完了,呵呵。这是我自己翻译的。
希望对楼主有帮助,祝学习进步成功 :)
自己翻译更靠谱。