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广义的反致包括反致、转致、间接反致和双重反致。The broad sense of remission consist remission, transmission, indirect remission and double renvoi.
本文第一部分以福尔果案为例,探讨反致制度的传统理念。In the first part, we use Forgo case as an example to discuss the system's traditional concept pf renvoi.
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如果认为应适用的外国法是该外国的实体法的话,则不存在反致问题。If you think that the foreign law should be applied is foreign substantive law, there is no renvoi problem.
本文第三部分探讨从公平正义的基本理念下重新构建现代反致制度。The third section explores to rebuild a modern system of renvoi under the basic concept of fairness and justice.
法国法院在福尔果遗产继承案上适用法律的过程,就是国际私法理论上所称的反致。French court's law application process in Forge's inheritance case is called renvoi in private international law theory.
从政治利益、法律本身、经济利益三个不同角度以及诸法学学者的学说中去探究反致的传统理念。From the political interests, the law itself, the interests of three different view to analysis the traditional concept of renvoi.
城外诚市场有关负责人表示,已经将两个被点名的不合格产品群升、顾家“驱逐出境”。Suburban sincere market expresses about chief, already two rejected product that are call-overed group litre, visit the home " renvoi ".
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但根据巴伐利亚的冲突法,继承应适用死者事实上的住所地法,因而反致法国法。However, according to Bavarian conflict of laws, inheritance should apply the law of the deceased fact residence, so the French law renvoi.
反致制度产生一百多年以来,理论上存废之争一直不断,然而此争论并没有阻碍其在实践中的发展。Renvoi is a special system of Private International Law. Since renvoi came into being more than 100 years ago, there has been theoretical argument constantly.
湿病当禁用火法,若用火攻发汗,势必大汗,风去湿存,不仅病不能解,反致火热内攻,与湿相合,变生他症。Wet disease when disable method, if use fire sweating, certainly will sweat, wind dehumidification, not only can't solution, renvoi hot tapping, with wet, gave birth to his disease.
很显然,法国法院采用反致的目的是为了扩大内国法的适用,并因适用内国法而获得经济利益。Obviously, French court's use of renvoi intended to expand the application of the law of the land within, and because of the application of the law of the land within got the economic benefits.