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Research On Foreign-related Same-sex Marriage Under The Principle Of Public Order Reservation In China

Posted on:2019-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y HeFull Text:PDF
GTID:2416330566486732Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Along with the development of the multivariant sex culture,more and more LGBT and the people who support the same-sex marriage have come to the streets to defend for LGBT rights.In a few decades,people's attitude to homosexuality has changed totally,and 25 countries or regions have acknowledged same-sex marriage in succession.The different responses made by different countries to the marriage rights of homosexuals in the legislature have caused the conflict of law,and the LGBT also attempt to achieve their own marriage rights through different ways.It's difficult for us to acknowledge the same-sex marriage in a short time.The differences in the legal identity of same-sex marriage and the increase of the global population mobility in recent years have increased the impact of the objective legal conflicts on the LGBT,and we can not avoid the extraterritorial effects of same-sex marriage.As the last safty valve of the international private law,the principle of the reservation of public order is a legal cause to exclude the application of foreign law.However,it is improperly to use the reservation of public order to deny the extraterritorial effect of the same-sex marriage all the time.This article is divided into four parts:The first part begins with the legislative mode of the same sex marriage in the world.It begins with the introduction of the legislative status of same-sex marriage and the provisions concerning the common property and the adoption of children.The second part is that the connotation and extension of the reservation of public order and the application of the principle of the reservation of public order in the international private law of different countries.The third part which is in the form of examples,introduces the countries that do not recognize same-sex marriage and recognize of same-sex marriage how to do when they face the extraterritorial effect of the same-sex marriage.The fourth part is the core of this article,On the basis of the above three chapters,the principle of Public Order Reservation is not the Absolute cause to deny the effectiveness of the same-sex marriage in our country.
Keywords/Search Tags:the same-sex marriage, conflict of law, The reservation of public order
PDF Full Text Request
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