- Are the conflict rules facultative or mandatory for the judge and the person concerned?
- The conflict rules are generally mandatory in Roman law countries where the courts have the duty to apply to the leges according to the conflict rules of the leges fori.
- The reservation of public order(hereinafter "RPO" ), originating from the application of conflict rules, is one of the oldest principles in conflict laws.
- The traditional PIL, especially its doctrinal basis, the form and content of conflict rules, was criticized thoroughly during the "revolution" of the PIL in the 20th century.
- In international private law, RPO is a system that a domestic court denies to apply the foreign law if it violates the local public order, though which should be applied according the conflict rules.
- Therefore, we must make clear and definite both in legislation and in judicial practice: the conflict rules of our country are not facultative which are binding on all people's courts.
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