The Application Of The Foreign Marriage Legal Research

Along with the association of peoples all over the world being closer and closer and closer, the number of marriages concerning foreign affairs appears to be a rising tendency. As a result of the great difference among countries of the world in marriage legislation, the conflicts of marriage law systems concerning foreign affairs are encountered very commonly. Each country of the world consistently attaches importance to how to settle these conflicts. In this dissertation, the author wants to probe into the problem of the application of law on marriage concerning foreign affairs and the author gives opinions on how to improve the application of law on marriage concerning foreign affairs in China.This dissertation is about 30,000 words in all and made up of six sections in structure.Section 1: The distinguishing features of the application of law on marriage concerning foreign affairs are discussed. Due to the existence of great differences among countries all over the world in marriage legislations which influenced by moral senses, cultural backgrounds, religious beliefs, national traditions and social customs, the uniform substantive law has not been made yet. So the application of law on marriage concerning foreign affairs has it's distinguishing features: the choice of law only depends on the specific rules of the international private law; the application of foreign law is generally excluded by ; the understandings of the character of marriages have important influence on the application of law on marriage concerning foreign affairs.Section 2: The application of law on marriage concerning foreign affairs are discussed from the identical system to the discriminative system, which are separated by a standard of whether differentiate formal requirement and substantive requirement and apply to different law separately. The identical system is simpleand feasible. It also can avoid the distinguishing conflict of different divide by concerning countries with the difference of substantive requirement and formal requirement for marriage. But the identical system can easily make the concerned persons to avoid the law of their own country or the resident country's. For the sake of the difference between formal requirement and substantive requirement in inherence, the adoption of width and rigorous degree should be different in the application of the law. Consequently, my stand is to apply the differential system while settling the law conflicts. That is to say that different regulation should be made for the application of formal requirement and substantive requirement.Section 3: How to apply the law of marriage concerning foreign affairs under special circumstances is discussed, including consul marriage, solder marriage and marriage over the sea or on ownerless land.Section 4: The application law to invalid marriage are discussed, including necessary requirement of invalid marriage, the time limit and the program for asking for declaring invalid, the regulation of the law application of invalid marriage consequence.Section 5: How to exclude the application of foreign law is discussed in this section. While the international society is made up of sovereign rights and national interests should not be ignored, there are the nearly connections between domestic marriage legislation and factors before such as national moral concept, customs. It is the reason why the excluding of foreign law is normal and adopted a lot in marriage concerning foreign affairs. The author probes into several system of excluding foreign law such as forbidding evasion of law, reservation of public policy, classification, renvoi and so forth, on the basis of nature of marriage concerning foreign affairs.Section 6: The application of law on marriage concerningaffairs in China is discussed. On one hand, there are no rules about altering formal requirement and substantive requirement of marriage concerning foreign affairs in Chinese legislation. On the other hand, in our country, the domestic law where marriage come into existence sho...