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Foreign relations marital property laws apply research

Author: WuZuo
Tutor: ZhaoShengXiang
School: Southwest University of Political Science
Course: International Law
Keywords: Marital property relations Nature Conflict of laws Applicable Law
CLC: D923.9
Type: Master's thesis
Year: 2009
Downloads: 354
Quote: 0
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Abstract


International exchanges become more frequent, leading to a large number of foreign matrimonial property relations generated. As foreign matrimonial property relations involving two or more national laws and the relevant national provisions concerning marital property relations that have marital property regime big difference, once the foreign relations of the parties marital property the ownership of their property dispute, it can not be inevitably generates foreign relations law applies on matrimonial property conflicts. In dealing with foreign matrimonial property disputes, applicable laws of different countries will have different interests of the parties affected, therefore, foreign law applicable to matrimonial property relations is particularly important. Foreign countries to the nature of marital property relations have different views, understanding of the nature of their differences on foreign countries to determine the relationship between marital property principles adopted by the conflict are not the same. Contemporary, most of the world conform to the reality of social and economic development, combined with marriage and family developments in the field of substantive law and private international law trends, have in their private international law legislation on foreign relations law applicable to matrimonial property rules were amended. While China's current regulations related legislation on the issue has become too simple, the applicable governing law is relatively simple, which is China's growing number of foreign couples resolve property disputes have been incompatible with the practical needs. In order to make foreign matrimonial property disputes and reasonable solution to better protect both spouses legitimate property rights and interests of security of transactions, it is necessary for foreign relations law applicable to matrimonial property issues. In this paper, the structure is divided into four parts, described the main problems are as follows: The first part describes the concept of foreign matrimonial property relations, scope and nature of the relationship that the foreign nature of the different marital property will be defined in the law applicable to its impact. The second part discusses the relationship between foreign matrimonial property law conflicts. Due to the specific conditions of different countries, using different matrimonial property system. Matrimonial property system can be divided from the formal contract property and legal property system. Whether to implement the agreement in the property system, countries have different attitudes. Even though some countries to implement the agreed property system, the specific requirements vary widely, both countries adopted legal property system are not the same, foreign relations marital property laws conflict is inevitable. The third part discusses the foreign law applicable to matrimonial property relations theory. First, to clarify the relationship between foreign matrimonial property laws apply theoretical disagreements. Then the relationship of contemporary foreign matrimonial property laws apply theory to perfect the causes analyzed, mainly due to the development of the substantive law of marriage and the conflict of laws change and development two factors prompted the foreign law applicable to matrimonial property relations theory phasing perfecting. The fourth part describes the relationship between foreign matrimonial property laws apply the main principles. In this paper, began in the 20th century \The fifth part on China's foreign relations law applicable to matrimonial property regime are discussed. First describes the relevant provisions of the legislation and its shortcomings, and the \The author marital property relations of our country foreign legal rules applicable legislation exists on the issue, focusing on with our \Perfection for some of the views put forward their own.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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