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Conflict Of Laws And Coordination On Cross-trait Marital Property Regime

Posted on:2017-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:X XiaoFull Text:PDF
GTID:2296330482964451Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
Under the wave of economic globalization, China and Taiwan in all aspects of the two parties exchange is also increasing, the relationship has been the development by leaps and bounds. Many people get married on both sides of the straits of a happy family, because the sides of the Taiwan straits on the property of husband and wife have different legal interpretation, along with the increase in the number of couples across the Taiwan straits, questions about on both sides of husband and wife property system has, on how to properly reduce due to the different system, caused by the conflict, solve the problem of universal attention by people of marriage has become many legal scholars favorite subject. Everything has its own regional characteristics, the marital property system is no exception [feng-lian ren:the analysis our country invalid marriage and revocation of damage compensation system\", \"journal of southwest university of political science and law,2004.]. Due to the restriction of such factors as geographical environment, the humanities historical conditions, the marital property system presented some regional features, in a different country and region have different difference, but what is certain is its detailed sex is common, has its own advantages. With the implement of the policy of \"one country, two systems\" success, Hong Kong and Macao have been put into the arms of the motherland, Hong Kong people ruling Hong Kong, hands Australia policy carried out, in our country has become more than a legal country. Because of specific historical and geographical reasons, across the Taiwan strait in different development environment, formed their own marriage legal system, as two different jurisdictions, deal with problems on both sides of the marriage law is very important to promote the development of cross-strait relations and friendly. Based on the detailed introduction of the Taiwan straits of marital property law, the comparison of the similarities and differences among the laws and regulations on both sides of husband and wife property puts forward the strategies of solving the dispute on both sides of husband and wife property, hope to provide certain reference on both sides reached consensus on the marital property system.This article is about the origin and status quo of cross-strait marriage property law to make a detailed comparison of the two controversial in-depth exploration of the law, to study and comment on the whole. From coordination on both sides of the marital property system as the starting point, this paper analyzes the reason of the conflict on both sides of husband and wife property system, put forward from the Angle of concept and principle of the coordination way to solve the conflict on both sides of husband and wife property system.
Keywords/Search Tags:both sides of the Taiwan Straits, matrimonial regime, contradiction, coordination mechanism
PDF Full Text Request
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