On Conflict And Application Of Law About Matrimonial Property Relating Foreign Elements

Till the end of the last century, also the dramatically accelerating period of international globalization, private international law has been attached great importance in various respects by the world. The overall research of China's private international law has also got striking progress and advancement. However, the field of cross-border marriage and family relations is still standing in the dark corner, especially in perspective of matrimonial property relating foreign elements. Apart from the basic statement in textbooks, there is scarcely systematical special research into it. So the author summarizes and concludes the latest developing trend of marriage legislation, either domestic or abroad, points out China's practical dilemma and the way-out to it. She also proposes some specific design of reconstructing our legislation, in hoping for favoring the matrimonial property legislation and practice.As far as the author is concerned, the greatest differences in law application between various counties existing in four perspectives: the law being designated according to spouse's nationality or habitual residence; movable and immovable property being subject to the same or different law; the law pursuant to being permanently the original one or flexible into another and the range of express stipulation. According to above mentioned and the developing trend in conflicts of law over the world, the author values great flexibility and clarity and gives her advice as following: the future matrimonial property relations with foreign elements shall be pursuant to the law of common habitual residence; there shall be the same rules for both property movable and immovable; integrating with the principle of close relation the law shall be flexible; express stipulation shall be limited in closely related to property and it is also valid in the form of implication.