La codification du droit international privé vietnamien à la lumière de la codification québécoise

Authors: Ly, Van Anh
Advisor: Guillemard, Sylvette; Ngô Quôc, Chiên
Abstract: A critical analysis of the current Vietnamese private international law in the light of Quebec codification reveals many shortcomings of this law in the absence of codification and subsequently shows that codification is the only way to remedy them. This implies a refutation of thesis advanced against such codification and the development of different means to carry out this work successfully. Thus, after having defended the interest of the codification of Vietnamese private international law, the thesis questions the prospects for its implementation, both in terms of organization, and the structure and form of the future code. Solutions will be developed in favor of an autonomous codification that is structured with legal categories, unlike the Quebec model, considering the characteristics and needs of the Vietnamese legal system. The abundant experiences of this Canadian province of civil law tradition, especially in terms of mobilization of human resources and organization of the Quebec civil law recodification carried out successfully in 1994, constitute a useful source of reference for the Vietnamese codifier. From the perspective of modernity, predictability, flexibility and efficiency of private international law, substantial solutions of the matter are carefully discussed with a view to build a general framework for a consistent development of specific solutions in the futur code. The conclusions drawn are based on the results of critical and comparative analysis of varioussources – including legislation, cases and scholarly writing – from different countries, particularly those of Quebec and Vietnam, as well as those existing at the international and regional level, dealing with important issues of contemporary private international law. These include the basic notions of private international law, the guiding principles which are party autonomy and proximity, the plurality of methods, the authority of private international law rules, and the public order intervention in private international law.
Document Type: Thèse de doctorat
Issue Date: 2022
Open Access Date: 13 June 2022
Grantor: Université Laval
Collection:Thèses et mémoires

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