| 英文摘要 |
The current situation in relation to the issue of the application of foreign law reflects the absence of conventional solutions and the heavy reliance on national responses. Irrespective of the nature awarded to foreign law in civil procedure cases, either factual–in most common countries–, legal–in Taiwan and other Asian countries, as well as in most of the European and Latin-American countries–, or hybrid–like in Spain or the US–, and of the role played by courts and parties as regards its pleading and proof, the different solutions proposed tend to agree on the use of expert opinions as the main instrument for determining its content. As this is costly and time-consuming, there is growing support in many countries for rethinking its use, although not clear alternative exists yet. |
