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涉外婚姻家庭关系涉及到两种或两种以上的婚姻家庭法律制度,由此产生的法律冲突不可避免,并且较之物权、债权等的法律冲突更加复杂。《中华人民共和国涉外民事关系法律适用法》专设一章对于涉外婚姻家庭制度作了比较全面的规定,采用了以经常居所地为主要联结点的属人法,并将意思自治原则引入了夫妻财产关系及离婚的法律适用中,对于父母子女关系、扶养及监护的法律适用充分体现出了保护弱方当事人利益的原则。《适用法》彰显的上述特色,弥补了原来立法的不足,彰显其突出特色,符合当今时代发展潮流与涉外婚姻制度的完善,同时也为人事跨国流动提供了方便与更好的国际沟通。
The foreign-related marriage and family relations involve two or more marriage and family legal systems. The resulting legal conflicts are inevitable and more complicated than the legal conflicts of real rights and claims. The Law of the People’s Republic of China on the Law Applicable to Foreign Relations Concerning Foreign Affairs made a special chapter on the system of marriage and family affairs in foreign countries made a more comprehensive provision and adopted the personal law which takes the habitual residence as the main connection point and introduced the principle of autonomy of will into the couple Property relations and the application of divorce law, the law applicable to the relationship between parents and children, support and guardianship fully reflects the principle of protecting the interests of the weaker party. The above features demonstrated by the “applicable law” make up for the deficiencies of the original legislation, highlighting its outstanding features, being in line with the development trend of the times and the improvement of the system of marriage with foreign countries, and also providing convenience and better international communication for the transnational mobility of personnel.