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各门法律学科往往都会遇到适用外国法的问题,而且是一个很棘手的问题,因为在研究这个问题时使人感到象是走进了一条死胡同,无法找到令人完全满意的解决办法。由此而对适用外国法这一问题产生了一种长期无法解脱的困扰之感,需要解释这样一种现象:一个法国的法官引用某个外国法作出判决,这个外国法是外国权力机构所制订的,而该权力机构又无权对法国法官下达命令。每一种法律在制定法律的权力机构所行使主权的领土范围内具有法律规范的价值。然而,在其领土范围之外是否也是这样呢?外国的民法或商法,如果适用于
Legal disciplines in various fields often face the problem of applying foreign law and are a thorny issue because in studying this issue people feel like they have come to a dead end and can not find a solution that is completely satisfactory. This creates a long-lasting and unsettling apathy for the question of the application of foreign law, which needs to be explained by the fact that a French judge relied on a foreign law to make a judgment, a foreign law that was established by foreign authorities The authority has no right to order the French judge. Each law has the value of legal norms within the territorial realm of the exercise of the sovereignty over which the legal authority is constituted. But is it true beyond its territory? Foreign civil or commercial law, if applicable to