A Study On The Temporary Measures In International Civil

The function of interim measures in civil litigation is to promote the efficiency oflegal remedy and to preserve the effectiveness of the final judgment. This dissertationaims to explore some problems in private international law related to the interimmeasures in international civil litigation.Except for the introduction, this dissertation is divided into five parts. The firstpart is an overview of the interim measures in international civil litigation, whichclarifies the definition, historical origin, scope, classification, conditions andcharacters of interim measures, and then analyzes their features in international civillitigation based on comparison with international public litigation and internationalcommercial arbitration. The second part is about the jurisdiction of interim measuresin international civil litigation. I choose some legal systems such as the UK, the USand Germany, as well as some international conventions like Brussels Regulation, togive a comprehensive research on their provisions on this issue. For each legal systemI will briefly introduce the interim measures and the operation thereof, and thenexplain the rules of jurisdiction applied in this area. The third part deals with the issueof extraterritorial effect of such interim measures, including their recognition andenforcement abroad. Comparative study on different legal systems is also used in thispart. The fourth part mainly discusses the current situation and the complement ofChinese legislation in this area while the fifth part gives a conclusion of the wholethesis.