论文部分内容阅读
作为冲突法的特有概念,属人法以当事人的住所地、国籍、惯常居所作为连接点指引准据法。住所地原则形成于属人法产生之初,将人的身份与住所地紧密联系;国籍国原则形成于国家与民族意识兴起之际,强调公民对国家的忠诚与联系,旨在扩大法院地国属人法的控制范围;惯常居所原则有利于在各国间达成统一,但却将个人与特定国家间的精神联系相分离。未来,在最密切联系原则的推动下,能够有效将主观意图与客观事实相结合的“生活中心地”原则将逐步取代“惯常居所”成为新的属人法连接点。
As a peculiar concept of the law of conflict, personal law dictates the law of evidence based on the domicile, nationality and habitual residence of the parties. The principle of domicile was formed at the very beginning of the personal law, which closely linked people’s identity and place of domicile. The principle of the state of nationality was formed on the occasion of the rise of national and national consciousness, emphasizing the loyalty and connection of citizens to the country, The scope of control under the law of man; the principle of habitual residence facilitates the achievement of reunification among States but at the same time separates the spiritual connection between individuals and particular countries. In the future, under the principle of the most intimate relationship, the principle of “center of life”, which can effectively combine the subjective intention with objective facts, will gradually replace “habitual residence” to become the new connection point of personal law.