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最密切联系原则(The Doctrine of the most Significant Relationship)是当代国际私法中的一项新的冲突规则。与一些传统的规则相比,前者开放而富于灵活性,后者机械而缺少弹性。如今,运用最密切联系原则解决在当事人没有选择适用法律的情况下合同领域的法律适用问题,已经成为多数国家司法实践的主流。不仅如此,最密切联系原则由于自身的优点,该原则也在侵权等其他领域得以适用。
The Doctrine of the most Significant Relationship is a new rule of conflict in contemporary private international law. Compared with some traditional rules, the former is open and flexible, while the latter is mechanically and inflexible. Nowadays, the application of the principle of closest relationship to solve the problem of law application in the field of contract in the absence of a choice of applicable law by the parties has become the mainstream of judicial practice in most countries. Moreover, the doctrine of the most relevant relationship, due to its own merits, is also applicable in other areas, such as infringement.