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公序法的概念最早出现于1804年《法国民法典》第3条第1款,但系统理论由弗朗西斯卡基斯在20世纪中期完成。其以“公序法”取代“直接适用法”的表述,旨在强调此类规范为维护一国政治、社会或经济运行所必需,进而需要在冲突规范之外予以适用。公序法理论改变了法国国际私法的传统做法,极大推动了相关制度在欧盟层面的建立,并逐步受到统一法的约束。晚近法国司法实践不仅在理论上对本国公序法的适用有所发展,还创始性地考虑第三国公序法的适用。法国公序法的理论和实践,对于解释和完善《涉外民事关系法律适用法》第4条和《〈涉外民事关系法律适用法〉解释(一)》第10条确立的强制规范直接适用制度也有所裨益。
The concept of public order law first appeared in article 3, paragraph 1, of the French Civil Code of 1804, but the system theory was completed by Francesca Kisses in the mid-20th century. It uses “public law” instead of “direct applicable law” to emphasize that such norms are necessary for the maintenance of a country’s political, social or economic operations and thus need to be applied beyond conflict norms. Common law method has changed the traditional practice of French private international law and greatly promoted the establishment of the relevant system at the EU level and was gradually bound by the Uniform Law. The recent judicial practice in France has not only theoretically developed the application of the ordre public law in the country, but also creatively considered the application of the ordre public law in third countries. The theory and practice of France’s ordinal law are also applicable to the interpretation and improvement of Article 4 of the Law Applicable Law Concerning Foreign-related Civil Relations and the Compulsory Norms of Article 10 of Interpretation 1 of the Law Applicable to Foreign-related Civil Relationships (I) benefit.