Abstract:
The selection of property relations between the spouses not only relates to the realization of legal rights of the couple,but also concerns problems like the benifit of the third party,the business safety and the maintennance of social economic order.Thus,the legislation of matrimonial regime in various coutries has been emphasized highly and regarded as important content of the adjustment of Marriage and Family Law and Law of Descent.However,in different countries,the content regulated by matrimonial regime differs a lot due to the impact of factors like historical culture,social environments and political ingredients.During the application of law to foreign-related property relations between the spouses,there’re conflicts about application of law in this area due to different rules for joints of applicable proper law in various countries.To negotiate the law application for foreign-related property relations between the spouses,the Law of the People's Republic of China on Application of Laws to Foreign-Related Civil Relation was enacted in 2010.It detailed the acheivements made by China on the application of law to foreign-related property relations between the spouses in the second part.After comparing legisation of other advanced countries,it discusses deficiencies of the application of law to foreign-related property relations between the spouses and further presents corresponding suggestions.
The paper is divided into four parts.
The 1st part is about basic theories of matrimonial regime.There’re mainly three smaller parts,firstly to introduce the concept and range of matrimonial regime,then to expound its characteristic and finally to summarize the legisation principle.
In the 2nd part,it mainly elaborates the legisation status in China about the application of law to foreign-related property relations between the spouses and defines the following items:determing limited principle of autonomy of will,adopting the principle of lex personalis,the rule of closest connection having initially had a significant role in law of China and finally establishing the principle of physical situs.
The 3rd part is concerning the regualtions about the application of law to property relations between the spouses in other countries.It mainly analysizesthe application status in Frence,Germany,the U.K.,America and other countries and covers the rules of Hague Conventions in 1978.Some revelations about the application of law to foreign-related property relations between the spouses are given after comparing the laws in these developed countries.
In the 4th chapter,firstly it determines the flaws of legislation regarding foreign-related matrimonial regime in China,then presents the necessarity and urgency of perfecting laws about foreign-related matrimonial properties.Secondly some legisation suggestions are given for the above-mentioned flaws.The main principles are to determine limited and changable principle,to adopt principle of protecting the weak and to make clearly selection between the uniform system and the division system.,
【英語牛人團】手工奉獻,腦力結(jié)晶,滿意請記得及時采納哦,