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On Application Of The Reservation Of Public Order In Foreign Marriage

Posted on:2014-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiuFull Text:PDF
GTID:2296330425978766Subject:International law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, along with the increasingly frequent internationalexchanges, the number of China’s foreign-related marriage shows a rising trend year by year,foreign marriage and family disputes are increasing.In judicial practice, if the foreign party tothe marriage marriage violated the public interests of the society of our country, our countrycourt will invoke the reservation of public order system of their international marriage lawdenied.The development of private international law is in a sense for the development of foreignlaw system, but in some cases, the application of foreign law will have a bad effect on theirown, for it must take the necessary measures to limit foreign laws to protect the publicinterest.The reservation of public order is the private international law system has such afunction.This paper through a typical case analysis of international private law, the application ofthe reservation of public order system in foreign-related marriage are discussed, through theanalysis of connotation of social public interests, legislation and the development of thereservation of public order system in foreign-related marriage, according to China’s currentlegislation, and put forward some about the existence in solution foreign marriage disputes inthe system of reservation of public order and how to perfect suggestion.In addition to this introduction, is divided into four parts, a total of about15300words.The first part is the case introduction.From the point of view of Liu Zhi, Liu Xiang, LiuMeisu,Prosecution to Liu Guangming and other statutory succession dispute case, introducesthe historical background, the original defendant both advocates and the main content of theevidence provided, court trial.The second part is the case analysis.Analyzes the focus of controversy, the court ofsecond instance in that Chen Xiumei and Liu Jinsheng marriage law difference,"generalprinciples of civil law"(hereinafter referred to as the "general principles of civil law")150thconnotation of "public interests".The third part is the reservation of public order theory and developmentsystem.Development, mainly on the reservation of public order system of the two legalsystems to retain the applicable system and Hague "marriage and marriage convention" in recognition of the provisions on the effective application of the reservation of public order inforeign marriage in the public order.The fourth part is the reservation of public order and perfection of legislative system inChina in the field of foreign-related marriage.Comparative analysis of the "the people’sRepublic of China laws applicable to foreign-related civil relations law"(hereinafter referredto as "the laws applicable to foreign-related civil relations act") issued relevant provisionsbefore,"as well as the relevant provisions of the laws applicable to foreign-related civilrelations in law".And analysis of the case on the basis of "the laws applicable toforeign-related civil relations act" on the legal effect of the provisions of the foreign-relatedmarriage for how should the court judgment and through the analysis of this case inspired by.
Keywords/Search Tags:Reservation of public order, international marriage, law is applicable toforeign civil legal relationship
PDF Full Text Request
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