On The Principle Of Autonomy Of Will In The Field Of Foreign Marriage

With the continuous development of the market economy,international exchanges have become closer and foreign-related marriages have become more common.The differences in culture and values between China and foreign countries have led to various problems.The principle of autonomy of will is an important principle in international private law.Its application in the field of foreign-related marriages can enhance the flexibility of law application,improve the efficiency of law application,and also facilitate the recognition and enforcement of judgments.The "Law on the Application of Laws in Foreign-Related Civil Relations" implemented by my country on April 1,2011 has carefully reviewed this principle and broadened its scope of application.As far as the field of foreign marriage is concerned,the principle of autonomy of will has been introduced for the first time in the property relations and divorce of foreign couples.However,whether the principle of autonomy of will and autonomy of will in the field of foreign marriages can be applied to the personal relationship of foreign couples,the requirements of the form of foreign marriage and the support relationship between foreigners.There are no regulations on how the application of the principle takes into account the interests of third parties,whether an agreed divorce in foreign-related divorce proceedings can be applied to the principle of autonomy of will,and whether implied choice is allowed in the method of choice of law.Therefore,it is necessary to further explore the application of the principle of autonomy of will in the field of foreign-related marriages.By studying the opinions and case studies of domestic and foreign scholars,in order to better play its role in the field of foreign-related marriage,the principle of autonomy of will can be considered to appropriately expand the scope of application of the principle of autonomy in foreign-related marriages,and to increase the protection of the interests of third parties,The divorce agreed in the foreign divorce proceedings is regarded as a divorce by agreement,and the implied choice is recognized to a limited extent.