Studies On The Hugue Protocal On The Law Applicable To Maintenance Obligations

The Protocol on the Law Applicable to Maintenance Obligations which concluded in the23rd Hague Conference on Private International Law on November23rd in2007builds an international bridge for systems of surpport in different regions. It has not only established principles applicable to laws of support involving foreign nationals, but also has made more flexbile and appropriate provisions on the laws by differentiating various relationships of support. Improving the status of the law of forum based on the preivous convention and creatively introducing the admission of party autonomy, it brings the closest contact doctrine into the support of a spouse and the former spouse. Furthermore, it supplies the basis for the parties and their counsel to consider the law of applicable in foreign maintenance cases. Besides it helps the forums to make choices and decisions. China has signed the final paper containing the act of the protocol.The paper consists of five chapters. The first chapter illustrates the background and drafting process of the protocol, The second chapter introduces the provisions on the law applicable to maintenance made by the protocol from the aspects of the sphere of its application and the system of law application. Explaining the specialty of the protocol compared to the Hugue Convention of24October1956on the law applicable to maintenance obligations towards children and the Hugue Convention of2October1973on the Law Applicable to Maintenance Obligation, the third chapter comprises three sections:the first section illustrates the specific provisions benefiting the particular obligee of support; the second section explains the specific proivisions on spouses and the former ones; the third section analyses that related to the accusation. The fourth chapter introduces other significant and typical provisions of the protocol. It is divided into three sections:the first section explains the uniform interpretation of the protocol; the second section introduces the review of practical operation of the protocol; the third section analyses its provision on the transition period. The fifth chapter analyses current situation and shortages of the law applicable to maintenance obligation involved foreign nations in China.