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我国法院将涉外离婚纠纷与因离婚导致的涉外夫妻财产归属问题作一体把握,是法院处理国内离婚纠纷做法的典型投射,造成《涉外民事关系法律适用法》第24条在涉外离婚案件中的严重缺席,造成了当事人意思自治空间的受限,违背了法律的设计初衷。法院应将涉外离婚诉讼与因离婚导致的夫妻财产关系诉讼分别处理。
The courts in our country take the dispute over divorce disputes between foreign countries and the ownership of foreign-related husband and wife as a result of divorce, which is a typical projection of the court’s handling of divorce disputes in China. This has resulted in the seriousness of Article 24 of the Law Applicable to Foreign-related Civil Relations in foreign-related divorce cases Absence, resulting in the parties limited the space for the meaning of autonomy, contrary to the original design of the law. The court shall separately deal with foreign-related divorce proceedings and litigation of marital property relations resulting from divorce.