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《Modern Law Science》 2017-06
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Study on Guarantee for Application of Consensual Jurisdiction in EU

HUANG Zhi-hui;Law School of Zhongnan University of Economics and Law;  
The rigid interpretation of the principle of lis alibi pendens by ECJ in solving parallel litigation has impaired the value of consensual jurisdiction and promoted "torpedo actions",as well as violating the law of human right. In order to correct the practice of putting too much emphasis on legal certainty,and to exert the function of consensual jurisdiction in dealing with parallel litigation,indirect and direct approaches which guarantee the application of consensual jurisdiction have been put forward. The indirect approach cannot properly avoid parallel litigation. As an exception to the principle of lis alibi pendens,Article 31( 2) of BrusselsⅠ Regulation Recast is regarded as direct approach to solve the problem of parallel litigation,which can effectively regulate the problems mentioned above. The scope and standard of proof,the existence of jurisdiction agreement,and the relationship between consensual jurisdiction and jurisdiction by present,as well as the relationship between consensual jurisdiction and principle of lis alibi pendens should be cleared in the application of the direct approach. Relevant theory and practice of the EU contribute to a deeper understanding of consensual jurisdiction in private international law.
【Fund】: 2016年度国家社科基金青年项目“《欧洲人权公约》在国际私法中的适用问题研究”(16CFX067);; 2014年度国家社科基金重大项目“中国涉外民事关系法体系完善研究”(14ZDC032);; 中央高校基本科研业务经费项目(21141610607)
【CateGory Index】: D997.3
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