Research On The History Of The International Private Law Of Netherland

In the research of international private law, the method of history research can let us be aware of the origination of international private law and the conditions in which it can take effects, so we can disclose the social background and historical effect of international private law from which the different theories and legislations arose, then we can understand the law fact' s origination and nature through the historical phenomena. The method of comparatively analyzing to different countries' international private law can enlarge the view of researchers, and provide the references to Chinese international private law theory and law-making. Therefore, this article exercises the method of history research and comparative research to introduce the characteristics of Netherlandish international private law in different periods, then provides resolvent to the relevant problems of Chinese international private law field by such study.Firstly, this article analyzes the historical reasons of the prosperity of netherlandish Statute Theory from economy, politics, culture aspect, then, introduces the relevant theory, delegates, and the great effect to the theory and legislation of the later years.Secondly, this article introduces the relevant decline period of national law of Netherland in international private law, but there was an outstanding point in the middle of 18th century, which are the international private law conference in Hague, Netherland and other international private law conference of other international organizations that had gone with the movement of unification of international private law. Thirdly, this article introduces the argument of whether the Netherlandish international private law should be codified or not in the Netherlandish international private law field, the situation of law-making of national law of internationalprivate law in Netherland, and the Netherland government' s attitude and measures to the codification of international private law, on the tide of codification of international private law in globe scope and by the requirement of development of economy of Netherland.Finally, basing on the history of international private law of Netherland, this article analyzes the references derived from it to Chinese international private law with Chinese practices.