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由于欧盟尚无统一的欧洲合同法,各成员国合同法中的强制性条款的差异成为欧洲共同市场一体化进程的阻碍之一,因此研究欧盟区域内冲突法意义上的强制性规则十分必要。基于现在欧盟无冲突法意义上关于强制性规则的立法,笔者试图依据欧盟成员国缔结并适用的罗马公约从冲突法的角度解释不同类型的强制性规则,分析它们的不同之处,并比较具代表性的欧盟成员国的强制性规则,同时讨论欧盟这一层面的现行规定及发展。
As the European Union does not yet have a uniform European contract law, the differences between the mandatory clauses in the contract law of the member states have become one of the obstacles to the process of European Common Market Integration. Therefore, it is necessary to study the mandatory rules in the EU law on conflict law. Based on the current legislation on mandatory rules in the EU’s Non-Conflict Law, the author tries to explain different kinds of mandatory rules from the perspective of conflict of laws according to the Rome Conventions concluded and applicable by EU member states, analyze their differences and compare them with each other Representative EU member states of the mandatory rules, at the same time discuss the EU’s current rules and development at this level.