As an approach to the interpretation of the closest connection doctrine used for years in the European continent for the choice of the law appliable to contractual relations as well as non-contractual ones,the charact...As an approach to the interpretation of the closest connection doctrine used for years in the European continent for the choice of the law appliable to contractual relations as well as non-contractual ones,the characteristic performance test evolves with the development of international economic and trade activities.Despite criticisms on this approach as embodied in the Rome Convention,the RomeⅠRegulation retains it.This article will focus on the development of the characteristic performance theory and try to explain that this theory,as one of the interpretations and solutions to the closest connection doctrine universally accepted nowadays,has its strengths and weaknesses.展开更多
文摘As an approach to the interpretation of the closest connection doctrine used for years in the European continent for the choice of the law appliable to contractual relations as well as non-contractual ones,the characteristic performance test evolves with the development of international economic and trade activities.Despite criticisms on this approach as embodied in the Rome Convention,the RomeⅠRegulation retains it.This article will focus on the development of the characteristic performance theory and try to explain that this theory,as one of the interpretations and solutions to the closest connection doctrine universally accepted nowadays,has its strengths and weaknesses.
