Study On Connecting Point Of Natural Person Of Personal Law

In the field of international law, personal law is a very important formula of attribution in solving the conflict of laws.From the history development,we can figure that the two connecting factors,that is,nationality and domicile have a long history.They are the two most important connecting factors in the personal law.We can say that,the doctrine history of the Continental law system is a mixed-development history of personal law and territorial law,while the common law system comes with a strong characteristic of territory doctrine.The connecting point of personal law has gone through three main historical stages:the period from ancient Rome to the19th century was a specified time of formation of domicile doctrine; the period from the19th century to the middle of the20th century was a specified time of coexistence of principle of nationality and domicile doctrine; the period from the middle of the20th century to now was a specified time of a new development of connecting point of personal law.:With the acceleration of the process of economic globalization, the habitual residence becomes the connecting factor of jurisdiction and choice of law, in every national domestic law and some international conventions.The personal law can be understood by either nation law or domicile law,but the difference between them brings about the controversy of the two connecting factors between nationality and domicile,also bring about the conflicts between nation law,the statute law and the domicile law,the common law.For the personal law issues, common law and civil law always existed opposing situation.How to coordinate and solve the contradiction between the two main legal systems and form a unified laws is always the the pursuit goal international community. Based on the investigation of the standard of the two legal systems and on the basis of history and reality,we have a deep analysis of the advantages and disadvantages of nationality and residence as the connecting point in the person law. We conclude that the habitual residence law replacing the nation law and the residence law will be a good way to resolve those very conflicts in the modern international world.Thus the habitual residence law will play the chief role while the nation law and the residence law be the supplementary ones and the person law connecting point.The legislation inour country has also followed this trend and it is reflected in the relevant laws.At the same time,in the international society,the compromise between the nationality and domicile has become a prevalent trend,but the connecting point of habitual residence,instead of nationality and domicile is going to be a measure in resolving contradictions.