COMPARATIVE STUDY ON SELECTED ASPECTS OF THE LATEST PRIVATE INTERNATIONAL LAW LEGISLATION ACROSS THE TAIWAN STRAITS

Abstract

The statute of private international law of Chinese mainland and Taiwan nearly updated at the same time. It is probably beneficial for the scholars across the Taiwan Straits to learn from each other’s experiences. This article compares the similarities and differences on selected aspects between these two statutes, including the historical development of the legislation on private international law of Chinese mainland and Taiwan, amendments on the terms of nationality and habitual residence in the new statues, differences in the lex personalis, the application of the most significant relationship doctrine and characteristic performance approach, recast of the intellectual property rights terms, new categorization of contract and the protection of weak party, the dilemma of judicial discretion or private autonomy on the applicable law of tort, etc. Additionally, this article makes suggestions to improve the legislation and promote the civil and commercial communications between Taiwan and Chinese mainland.