The Research on Monetary Law and Private International Law Issues Relating to Foreign Currency Obligation in the East Asia
The aim of the paper is to analyze the recent East Asia’s law relating to international monetary law and private international law, especially focusing to Taiwan (The Republic of China, ROC) comparing with China and Japan. The world’s economic environment has turned because of the Global Financial Crisis from the USA in 2008 or European Debt Crisis. For example, when the value of a national currency has fluctuated greatly, it is very important issue for the parties that the monetary claim is performed in any national’s currency from the viewpoint of the exchange risk in international civil disputes. This article investigates international private law and substantive law relating to international currency obligation among Taiwan, China and Japan to harmonize these area of East Asia’s law for stability of international private law relations. Rules among these three countries are common in important parts especially in international private law rules because all of them have been revised recently. It can be said that there is possibility for harmonize of rule on international currency obligation.