On the habitual residence in the Law on the Application of Law
DOI:
https://doi.org/10.54691/bcpssh.v19i.1544Keywords:
Habitual residence, Nationality, Domicile, Personal law, Applicable of lawAbstract
The law of habitual residence has been widely applied in Statute on the application of laws to civil relationships involving foreign elements of the people’s republic of china＂，and the fields that have appeared involve the field of civil subject, the field of marriage and family, the field of succession and the field of obligations, which provide specific guidance for the judicial practice of the However, in the course of the application of the habitual residence method in our country, we should define the concept of the habitual residence more clearly, and make a clear distinction between the connecting points between legal persons and natural persons, so that the application of law is more accurate and reasonable, and the adoption of the applicable law should take a diversified choice and introduce a new judicial interpretation to further resolve the contradiction between the application of old and new laws; and the criteria for determining the habitual residence should be clearer and more flexible in order to better provide a solution to disputes over judicial practice.
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