Research On The Law Of Applicable To Foreign-related Marital Property Relationship In China

With the increasing of international marriages,property disputes between couples have also occurred.Therefore,the application of law concerning foreign marital property relations should be paid more attention.In the Article 24 of the law of the Application of Law For foreign-related Civil Relation of the People’s Republic of China,it is the first time that is systematically stipulated the application of laws about foreign marital property relations.And it introduces the principle of limited autonomy of will,limits the scope of the law of agreement selection to three aspects,and creates the habitual residence in the link of personal law.This regulation not only conforms to the development trend of the world’s private international law,but also has the unique characteristics of China.It cannot be denied that some of the provisions are relatively general.In addition,the court’s understanding of legal provisions is not unified,and there are still problems in the application of this article in judicial practice.By collecting some relevant cases of China Judgement Online,this thesis finds that the problems existing in the application of foreign-related marital property relationship laws in China are generally as follows: First,there is a dispute over the identification of specific types of foreign-related matrimonial property relationships.Second,Changes to personal law links cause uncertainty in the application of the law.Third,The restrictive provisions of the principle of autonomy of will are insufficient.Fourth,there is a lack of reasoning in judicial decisions.Above all,the following Suggestions are put forward,which is on the basis of referring to the overseas legislation applicable to foreign-related matrimonial property law and combined with China’s judicial practice: First,in terms of the conflict of classification,it is concluded that the conflict should be identified as the marital property relationship,and meanwhile,the legislation should clearly stipulate for adopting a unitary system.Second,China should allow the limited change of the applicable law.while allowing the change of the applicable law,the parties’ interests obtained under the original applicable law are protected.Third,it is necessary to increase restrictive provisions to the principle of autonomy of will,including that the law chosen by the husband and wife agreement has no effect on a third party,husband and wife agree to choose the law must be in writing,and "Principal property"is interpreted as "the estate of highest market economy value at the time of the couple’s suit.Fourth,the court should determine the habitual residence in strict accordance with the law,and also pay attention to the applicable law that can confirm the property relationship between couples by applying the principle of the most significant relationship.