베트남 國際身分法의 개관

• 영문명: Vietnamese Private International Law on the Status and Capacity of Natural Persons -An Overview-
• 발행기관: 한국가족법학회
• 저자명: 장준혁(Jang Jun Hyok)
• 간행물 정보: 『가족법연구』家族法硏究 第29卷 2號, 145~178쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.07.31

영문 초록

Vietnamese private international law on the status and capacity of natural persons is comprised of the set of private international law rules contained in the Vietnamese Civil Code and the Law on Marriage and Family, as well as relevant governmental decrees. Vietnamese law in this area features several interesting characteristics. First, the basic position of nationality principle is partly supplemented by the adoption of habitual residence as a connecting factor. Second, the application of personal law is sometimes compromised by reference to lex fori, which might have been motivated by the doctrine of the law of public policy or alternatively the principle of "in dubio lex fori." Third, a tendency of pursuing the internally agreed standard is also apparent. Fourth, autonomous legislation and bilateral judicial assistance agreements are prevalent sources of law in the field of private international law, whereas Vietnam remains relatively cautious in participating in multilateral conventions.

목차

Ⅰ. 들어가며

Ⅱ. 法源

Ⅲ. 몇 가지 총론적 문제

Ⅳ. 各則

Ⅴ. 나가며

참고문헌

Abstract

키워드

베트남 국제사법 신분관계의 준거법 혼인ㆍ이혼 및 사실혼의 준거법 국제친자법 국제부양법 국제상속법 Vietnamese private international law Law applicable to the status and capacity of a natural person Law governing marriage divorce and de facto marriage Private international law on parent-child relationship Private international law on familial support International succession law