英国住所法律制度及其对我国立法的启示

英国关于住所的法律制度有其特色,其基本的构成要素是居住的事实和永久居住的意图。在我国成为复合法域国家后,属人法的确定成为一个现实问题,随着四法域之间民商事关系的深入发展,其间的争议也会越来越多,在四法域间确定属人法时,以国籍为连结点显然是行不通的,住所是解决问题的根本路径。住所的选择是一个人的权利,但选择能否成功取决于他在某地居住的事实和永久居住的意图,英国之住所法律制度对我国构建住所法律制度有重要的借鉴意义。

The English Legal System about Domicile and Its Reference to Chinese Legislation

The English legal system about domicile has its special character, which consists of residence and intention. The practical problem we are facing now is how to determine the personal law after China becomes a composite law district. As the development of business among four law districts in China, more and more disputes between them will appear. We'll never successfully solve this problem by the criterion of nationality. That is to say, domicile is the only way we could depend upon to solve this problem. Everybody is entitled to selecting his or her domicile. The two requisites for the acquisition of a fresh domicile are the fact of residence and intention of remaining there permanently based on the general rule of domicile. We can use the English legal system as a reference to constitute the Chinese legal system about domicile.