论合同和侵权的自体法

On Proper Law of Contract and Torts

自体法理论是英国学者对国际私法的一大贡献,始自合同领域,现在已渗透及侵权等诸多领域,其概 念和确定方法至今尚无定论,本文从此处入手,并分析自体法学说的优缺点及其在国际私法中的地位。

Proper law theory is a contribution made by UK scholars,and it stems from the field of contract, now it is applicable in many fields,and it is still under dispute as for the definition of 'Proper law' and its identification. This article sets out from this point to make analysis about advantages and disadvantages of this theory and its status in Private International Law.