Suchergebnisse

AbstractIn 2010, China's Legislature adopted a reconstructed new private international law which makes habitual residence the principal connecting factor of lex personalis. Prior to the new law, lex personalis had followed a mixed model that included the law of domicile, the law of nationality, the law of the country where a Chinese person resides, and the law of the place of an act. The reconstruction of lex personalis improves China's opportunities for accession to international conventions and for the adoption of common international measures to better protect the interests of Chinese citizens, especially children. However, China's legislature and its courts still have much to do in order to decrease and eliminate many conflicts among the previous and current provisions regarding lex personalis. Among other things, criteria need to be established for application in defining, judging and establishing habitual residence, especially with regard to appreciable period of time and settled intention.