On The Application Of Law About Matrimonial Property Relations Concerning Foreign Factor

Along with the frequent association of peoples all over the world,matrimonial property relations concerning foreign factor have occurred substantially.As a result of the great difference among countries all over the world in matrimonial property legislation,the conflicts of matrimonial property regimes concerning foreign factor are encountered very commonly,once the two parties have disputes over the property ownership.As cope with the matrimonial property disputes concerning foreign factor,it will has different effects on the interests of the parties for applying to different laws.Each country consistently attaches importance to the application of law about matrimonial property relations concerning foreign factor.There are different understandings of the character of the matrimonial property relations by different countries,which decide the principles of the application of law adopted are not the same.Today,most countries follow the realities of developments in economy,combined with the developments of substantive law of marriage and the developing trend in conflicts of law over the world,have mended the rules of the application of law about matrimonial property relations concerning foreign factor.But,the related legislation in china is very poor and brief, not enough to solve the problems of this kind law case.In order to deal with the matrimonial property disputes concerning foreign factor more reasonable,to protect the couples' interests better,the author wants to probe into the problem of the application of law about matrimonial property relations concerning foreign affairs.This article is about 30,000 words in all and made up of five parts in structure.The first part focuses on the concept,the scope and the Character of matrimonial property relations concerning foreign factor,the author pointing out that different definition of the Character of the relations will impact on its application of law.The second part discusses the conflicts of matrimonial property regimes.Because the specific situation in each country is not the same,the matrimonial property regimes adopted by them are different,either in contractual property system or in legal property system,the conflict of laws about matrimonial property relations concerning foreign factor is inevitable.The third part elaborates theories of the application of law about matrimonial property relations concerning foreign factor.First of all,introduces the contradiction of these theories, then analyses the reasons of the improvement of the contemporary theories,the author pointing out that the developments of the substantive law of marriage and the progress and revise in private international law,which makes the related theories more perfect.The forth part discusses the main rules of the application of law about matrimonial property relations concerning foreign affairs.The author makes "The American Conflicts Revolution" as the line,describes the traditional rules of the application of law about matrimonial property relations concerning foreign affairs and the rules in today.The fifth part discusses the system of application of law about matrimonial property relations concerning foreign affairs.The author elaborates the related provisions in China and thier drawbacks,analyses the articles of the application of law in the draft of the civil law code.In order to adapt to the matrimonial property regime in China,the author gives opinions on how to improve the application of law about matrimonial property relations concerning foreign affairs in China.