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Matrimonial property relations laws applicable research

Author: ChenZuoYing
Tutor: ZhaoYiMin
School: China University of Political Science
Course: International Law
Keywords: Matrimonial property system Autonomy Habitual residence Nationality
CLC: D997.1
Type: Master's thesis
Year: 2006
Downloads: 502
Quote: 2
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Abstract


Choice of matrimonial property system is not only related to the the couples the realization of the legitimate rights and interests, but also to the interests of the third party, transaction security and socio-economic order maintenance problems, therefore, the legislation of the countries of the matrimonial property system attaches great importance, both to adjustment as a marriage and family law or family law. But in different countries, due to the different history, culture, social environment, political factors, the matrimonial property system under a big difference. Of foreign marital property relations laws applicable different countries link points applicable applicable law provisions, resulting in a conflict of law applicable to matrimonial property system. In order to coordinate the application of the law of the foreign matrimonial property relations, developed by the thirteenth session of the Hague Conference on Private International Law \In this paper, on the basis of comparison through research and the law applicable to the matrimonial property relations theory, focusing on the 1978 Hague matrimonial property system law applies Convention Detailed Analysis, and discussed about the lack of foreign matrimonial property relations laws applicable , then put forward a related proposal. The paper is divided into four chapters: Chapter One is the basic theory of matrimonial property regimes. This chapter includes three aspects, first introduced the concept of the matrimonial property system and the historical development of the second section describes the types of matrimonial property system, and finally an overview of the legislative principles of the matrimonial property system. The second chapter is the comparison of the marital property relations laws applicable to the country. France, Germany, Japan, Britain and the United States on foreign matrimonial property relations laws applicable а analysis showed that the different countries of of foreign marital property relations law applicable in the main line of personal law, but there is a national law and domicile two propositions. The third chapter is the 1978 Hague Convention on the Law Applicable \The first describes the background and process of the Convention, and then comment on the provisions of the Convention applies to the scope and application of the law of property relations of husband and wife. Convention determining marital property relations laws apply, as a basic principle of party autonomy, which implement and carry forward the spirit of the autonomy of private law, but also the essential requirements of the marital property relations following the value orientation. Convention on the choice of the applicable law with multiple links such as habitual residence, nationality, and a certain flexibility; same time, the Convention on the law applicable to the limited variability, to better reflect the nature of the relationship of the marital property to help protect the interests of all parties. The fourth chapter is the law applicable rules of property relations on foreign couples. Property relations laws applicable to foreign couples currently still blank, far from the status quo of China increasing number of foreign matrimonial property disputes

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