论惯常居所地法及其法律适用

On Habitual Residence Law and Its Application

惯常居所的历史背景、构成要素,惯常居所作为属人法连结因素的优势以及惯常居所法律冲突的原因和解决途径都是需要在实践中厘清的问题。惯常居所地法的发展趋势是与属人法的趋同化。它不仅极大地方便了当事人主体能力的确认,而且是对住所地法原则的发展。这一新发展既有利于规范和统一我国的冲突法制度,又有助于解决我国区际属人法的冲突。

The historical background, constituent elements of the habitual residence, the advantage of the law of connecting factors of habitual residence as local law and habitual residence solution and the reason of conflict of laws, they are needed to clarify in practice. The development trend of habitual residence law and local law is as- similation. It not only has made great parties confirmation of subject ability and it is the development of the princi- ple of local law. This new development is conducive to both standard and unified system for the conflict of laws in our country, and help to settle the conflict of interregional local law in our country.