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

Along with the development of the international economy, especially thedevelopment of economic integration, the international association of peoples areincreasingly frequent. As a result, the foreign marriages increase a lot, andmatrimonial property relations concerning foreign factor have occurred substantially.Because there are many differences in the economic, political and ethnic customs, sothat when a property disputes between them, the parties of the foreign spouses mustbe what legal options, are likely to generate the conflict of laws on the application oflaw. In the early private international law, namely the period of feudal society, peoplelike to choice the husband’s nationality law of the land or the law of the domicile ofher husband, the husband as the center of gravity of all life. But this system is veryunfair for the wife, there is inequality. In order to adapt to the economic development,many countries have amended these unequal systems, which develop a lot of newtheories and solutions. On these time, China also in2011, introduces the” Law of theApplication of Law for Foreign-related Civil Relations of People’s Republic of China”.This law is so better so to protect the couple’s legal property rights and interests, andsafeguard the stability and security of the market economy. Therefore, a case on theseissues are described, combining with “Law of the Application of Law forForeign-related Civil Relations of People’s Republic of China” and analyze thestrengths and weaknesses that exist in the application of law in the foreignmatrimonial property relations, and thus to improve our law.This article is made up of five parts in structure.The first part introduces to a case, and this case tell us that the choice ofapplicable law has a great significance in the application of the laws of the foreignmatrimonial property relations, different law Selected, the result also is different.The second part discusses the causes of conflict of laws of the foreignmatrimonial property relations, and the solution. The economic base determines thesuperstructure; first, the level of development of social productive forces is a majorcause of a conflict of laws, which led to all kinds of different social systems. Secondly,the traditional customs of various ethnic groups is an essential reason, because each nation has its own unique lifestyle and national identity, which evolved from the law,they will be very different. However, these contradictions are not unsolvable, thispaper proposed two methods, one is the uniform substantive law; another is the use ofconflict of laws norms.The third part discusses the application of methods for countries worldwide inforeign matrimonial property relations, attributing to some methods, including thechoice of the connection point, the difference between movable and immovableproperty and harmonize the system, as well as the principle of closest connection. Onthis basis, the paper also summarizes the new direction of development of moderntransnational matrimonial property, mainly discussed from three aspects: the principleof autonomy, highlight the domicile of the standards, as well as the diversification ofthe connection point.And then it contributes to provide direction for the developmentof our country.The fourth part discusses the old law, as well as the shortcomings anddeficiencies of these provisions. Then combing the Law of the Application of Law forForeign-related Civil Relations, summed up its progress: the range of options limitsthe principle of autonomy to the introduction of the relationship of marital propertylaw applies; expand the connotation of personal law, innovation and strengthen theconnection point of the softening law of habitual residence as a major connectionpoint. Fill the blank of the private law system in China on this issue. But also pointedout the deficiencies of the new law: not consider the connection point of the change,there is no provision on how to protect the interests of a third person, as well as howto deal with the absence of a common nationality.The fifth part raised a few legislative proposals that focused on the front:changes in principle determine the applicable law; strengthen the protection of theinterests of a third person; perfect the implied Autonomy of parties; the closestconnection principle as a fallback provision.