Foreign Legal Marital Property Relationship Conflict And Application Of Law Problem Research

With the rapid development of the world economy and the current trend of globalization intensifies, increasing the level of China’s foreign economic relations, and the overall level of private international law in the field of research throughout our jurisprudence has made remarkable achievements. Internationally, the law of the foreign relations of conflict marital property law conflict solutions mainly on foreign relations marital property law applies mainly interesting autonomy principle, the principle of the most closely linked, is the location of real estate law and the principle of human law. Due to geographical and historical and cultural marriages social habits, the basic conditions of each country as the basisfor the development of the legal basis for the development comply with conditions of the applicable principles of law. The rapid development of China’s economy, and international exchanges become more frequent, the growing number of cross-border marriages, are required to apply foreign law marital property relations issues in-depth study. However, foreign marriage and family in our fields, especially the relationship between foreign matrimonial property law and the law applicable to the issue of conflict, it was less systematic in-depth special study. In the "People’s Republic of China foreign-related civil relations law applicable" in the personal law establishes the main location of the property law, meaning the principle of autonomy and the most closely related principles, fully absorb the advanced countries experience and results, however, with the world situation The continuous development of increasingly frequent international movement of persons, foreign relations more complex marital property, it is necessary to further improve.Research article on China’s foreign relations of the marital property is divided into three parts:The first part is an overview of the main elements of foreign relations of the marital property. First, discusses the concept of marital property relations, meaning characteristics, marital relationship and marital property system extension problem. Secondly, they pointed out that the concept of foreign relations of marital property, features, indicating the identity of the nature and complexity of foreign relations of the marital property. Again, analyzes the causes of marital property relations of foreign legal conflicts:the real reason and institutional reasons, the combination of reasons, pointed the way to solve international foreign husband conflict of laws on property relations:the substantive law and conflict of laws provisions. Given the history, culture and economy in developed countries serious extent inconsistent, substantive law is not the best countermeasure to solve this problem. Therefore, adjusting the method of conflict of laws into a choice.The second part details the relationship of marital property law on foreign content and less applicable. Clear our law in relation to foreign matrimonial property law provisions applicable to absorb the advanced achievements in the field of international private law, will have the choice of law applicable to the introduction of the principle of autonomy among marital property relations, the choice of connection points were softened expand the choice of law, personal law connotation expansion, the most closely related principles to make up our legal gaps, in line with the situation in the world big legislation. Giving full recognition of our legislation, we should also see an objective of foreign law applicable marital property relations exist on less than satisfactory specifications, mainly in the habitual residence of the explanation is not clear enough, the effectiveness of autonomy no detailed statement on the existing connection point appeared to be inadequate when faced with real-world applications, changes in applicable law nor the contents in detail.The third part of the proposal is to be foreign to our marital relationship eficiencies. The first is the connotation of habitual residence was defined habitual residence means habitual residence when the prosecution. The second is a modification of existing two connecting points. Mainly to explain the current location of the property laws of the main points in this connection. The third is to increase the complement connection point. Increase marriage grounded and courts to apply. The fourth is to allow changes to the law applicable to a certain extent.The main innovation lies in this paper:on issues related to habitual residence is further to be clear;clear of autonomy were expressly limited provisions;the couple did not specify the legal conclusion of the case adds to the marriage law andthe applicable law of the forum and the introduction of the principle of protection of the weak;the changes to the law applicable to a combination of the provisions applicable to the civil law of the country.