<論文>イギリス国際私法における夫婦財産制についての法選択規則構造論

概要

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Generally speaking, the matrimonial property system taken by common law is that of separate property and is to regard the property rights of spouses as unaffected by marriage. Each spouse retains and possesses as separate property anything acquired before and during marriage. On the other hand, in civil law countries, for example, France, Belgium, Spain, South Africa, and Quebec in Canada, etc., a system of community property is employed. It covers only the property acquired during marriage or the entire property of each spouse acquired before and during marriage. These two systems of matrimonial property create a number of conflict of laws problems. In many American States the potential for conflict is particularly large, because the two systems operate side by side in the country. The purposes of this article are to examine the following matters : (1) the traditional choice of law approach in England, (2) the intended matrimonial home test, (3) the doctrine of mutability or immutability, (4) matrimonial property conflicts involving immovables, (5) matrimonial property contracts and party autonomy.
福岡国際大学・福岡女子短期大学の論文
1999-03-05