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On the development of the principle of autonomy in the applicable law of divorce

Author: WangYan
Tutor: LiuLi
School: China University of Political Science
Course: International law
Keywords: Autonomy Divorce Elements Effectiveness Limit
CLC: D997
Type: Master's thesis
Year: 2006
Downloads: 470
Quote: 3
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Abstract

Application of law is an important part of private international law in the field of foreign divorce, expand the principle of autonomy from the application field of contract to other areas is the development trend of private international law, it is highly concerned about this based on the two aspects, a discussion on the application of the principle of autonomy in foreign divorce, the center of gravity field, this paper will explore on: when the new situation of foreign divorce law for the traditional method to determine the face of modern life has many drawbacks, the principle of autonomy of will really can become a main method to determination of applicable law of foreign divorce, if possible, should be how to apply. This paper not only on the principle of autonomy and the divorce the simple narrative, but from the divorce act as a unique private law unique field value and character of the point of view of the unique characteristics, from the function of divorce law and autonomy, analyze the possibility to apply the principle of autonomy in the foreign divorce field, and then try to construct the theory of concrete. The first part focuses on the legislation and practice of various countries of the world, the different nation foreign divorce law conflict, from the elements and the effect of two aspects of analysis; secondly, compares the application principle of autonomy in different countries divorce law applicable field of elements and validity, also from two aspects of comparison analysis. The second part is mainly on the development of party autonomy in foreign divorce field are summarized. First, from the choice of law rules of the principle of autonomy initial development from contract area to extend to other fields including divorce field were reviewed, and then analyzes the necessity to apply the principle of autonomy in the area including the significance of divorce; application again on the meaning autonomous principle in divorce field are analyzed, and the the unique characteristics of the principle of autonomy in the divorce field was discussed from the point of view of marriage law. The third part focuses on the meaning autonomous principle is applied in our country foreign divorce field from the history, theory and empirical perspective to explain. The development of the application of our foreign-related divorce field applicable law reviews; analysis the present situation of the development of our society and the point of view of the development of private international law to the law of foreign divorce in China, the defects were described; finally, some suggestions on the specific application of the principle of autonomy of will in the future of our country foreign divorce field is proposed, that should adopt the principle of autonomy. The principle of autonomy of will guarantee the freedom to choose the applicable law, respect for the rights of the parties to be great, from the process of legal development of countries all over the world, from the application of the contract area gradually expanded in other areas suitable for private international law, such as tort, inheritance, marriage etc.. Many countries began to adopt the autonomy in foreign divorce field

On the development of the principle of autonomy in the applicable law of divorce

Abstract

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