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德国的国际私法在世界上具有独特地位 ,尤其对中国清末民国时期的国际私法立法产生了很大影响。但是长期以来 ,德国 19世纪末的国际私法立法过程始终不为人所了解 ,导致人们产生了一些错误的观点。实际上 ,德国 1896年的国际私法立法受到了德国当时的外交政策的巨大影响 ,在此过程中 ,始终贯穿着外交部和司法部在政治上的斗争。德国 1896年国际私法立法没有采取萨维尼所提倡的“多边”冲突规范 ,而是一种折中的产物 ,并具有明显的单边主义倾向。
The private international law of Germany has a unique position in the world. In particular, it has had a significant impact on the legislation of private international law in late Qing and Republican China. However, for a long time, the process of the private international law in Germany at the end of the 19th century has never been well understood and led to some erroneous views. In fact, the German private international law of 1896 was greatly influenced by Germany’s foreign policy at that time. Throughout this process, the political struggle between the Foreign Ministry and the Ministry of Justice has always run through. German legislation of private international law of 1896 failed to adopt the norms of “multilateralism” advocated by Savigny. It was a compromise product and had a clear unilateralist tendency.