The Study On The Law Applicable To Matrimonial Property Regimes

Matrimonial property regimes, also named marital property system, is a series of legal system of property regulating marital property’s ownership, management, use, revenue, penalties before marriage and after marriage, debts’repayment, and the distribution when the marriage was dissolved. Each nation has different history culture, political factors and social environment, so they have their own matrimonial property regime. But from States’ domestic legislative view, States hold very attentive attitude on matrimonial property regime because selection of matrimonial property regime bears couples implementation of legitimate rights and interests, and also involves trading security and the stability of daily life between spouses or a spouse and a third party. In the law application of foreign matrimonial property regime, as there is not a unified Convention which makes provision in the international community, when selecting the law applicable to matrimonial property systems, States try to choose applicable law in favor of its own citizens, leading to conflicts of law applicable to matrimonial property systems. To unify the law applicable to matrimonial property systems specification, the13th session of the Hague Conference on private international law developed the Convention on The Law Applicable To Matrimonial Property Regimes. After understanding the matrimonial property regime’s basic theory, this article researches to four main conflicts on the application of matrimonial property regime:choosing the point of contact of personal law, changeable or constant on the applicable law, using the same law or different for moveable and immoveable property and the range of party autonomy. The author exposits the four conflicts in example and finally analyses provisions on matrimonial property regimes in China’s international private law-the law application of foreign civil relations, and proposes perfect recommendations.Addition to introduction and conclusion, this article can be divided into three parts:The first part is about the matrimonial property regime’s basic theory. The author understands matrimonial property regime’s concept, types, characteristics and principles, then knows the reasons of conflict law on matrimonial property regime and makes proposal method on it.The second part analyses the exposition of the application law on matrimonial property regime and the trends of its development:First, the author analyses and exposits of the application law on matrimonial property regime by some examples, states and the1978convention, and the frontal part concentrates on the four conflicts. Second, the author introduces the developing trend of the law applicable to matrimonial property.The third part proposes recommendations to the legislation of matrimonial property in China, and looks at the law application of foreign civil relations. First the author combs regulations of the law applicable to matrimonial property, then compares these with the advanced countries’legislation, identify shortages and defects of the law application of foreign civil relations, and finally the author makes perfect proposals on this Chinese law.