刚果（布）国际私法初步研究
发布时间：2019-02-22 12:02
【摘要】：1880年至1960年期间,刚果(布)为法国的属地,视为法国的一省,国际私法直接适用法国法:1960年独立以后,法国法的刚果(布)仍有影响,在家庭法方面,刚果(布)但并没有完全适用法国家庭法,主要原因,在于刚果(布)与法国的文化差异。 法国法有时也适用于刚果(布)。因此,在刚果(布)国际私法的法源中,我们可以发现有法国民法典和法国判例。1980年,刚果(布)最高法院在Loupelo一案判决中,确认了有关适用法国法的基本原则。 刚果(布)国际私法的主要条款,规定于刚果(布)家庭法中,尽管被称作《家庭法典》,但其中却包含了诸多如对动产和不动产的法律适用以及有关外国判决效力的内容。 《财政行政商业民事诉讼法》也非常重要,它的诉讼规则成为了刚果(布)司法审判的指导。 法国和刚果(布)的判例,被刚果(布)的法院加以采纳。刚果(布)与法国的司法判决,显然大多极为相似。 在家庭法领域,结婚形式依婚姻举行地法调整。婚姻的实质条件依夫的国内法。 离婚的法院管辖和诉讼程序,依法院所在地法调整。 收养的条件,依国内法调整。 法定继承,适用被继承人死亡法;遗嘱继承,依遗嘱订阅地或被继承人指定地法调整。 无体财产,依第一次出版地法调整。 合同法,依当事人意思自治原则调整,此一原则源自于法国高等法院Fourrures Renell一案。 动产和不动产,依财产所在地法;须经注册登记之财产(如船舶、航空器)适用财产注册登记地法。 侵权行为,适用侵权行为发生地法。 外国法的执行,由法院认可。 外国法院判决的效力,依当地法及统一规则确认。
[Abstract]:Between 1880 and 1960, the Congo (Brazzaville) was a territory of France and regarded as a province of France. Private international law was directly applicable to French law: after independence in 1960, the Congolese (Brazzaville) of French law still had an impact on family law, But the French family law is not fully applicable, mainly because of the cultural differences between the Congo and France. French law also sometimes applies to the Congo. Therefore, in the sources of private international law in the Congo (Brazzaville), we can find the French Civil Code and French jurisprudence. In 1980, the Supreme Court of Congo (Brazzaville) confirmed the basic principles of the application of French law in the judgment in the case of Loupelo. The main provisions of the private international law of the Congo (Brazzaville) are stipulated in the family law of the Congo (Brazzaville). Although they are called the Family Code, they contain a lot of contents, such as the application of the law to movable and immovable property and the effect of foreign judgments. The Code of Civil procedure for Fiscal Administration and Commerce is also very important, and its rules of procedure have become the guide of the administration of justice in the Congo. The jurisprudence of France and Congo was adopted by the courts of Congo. Most of the judicial decisions in Congo and France are apparently very similar. In the field of family law, the form of marriage is adjusted according to the law of the place where the marriage takes place. The domestic law of the condition of marriage. The jurisdiction and proceedings of the divorce court shall be adjusted in accordance with the law of the seat of the court. The conditions of adoption shall be adjusted in accordance with domestic law. Legal succession shall apply to the death of the deceased; testamentary succession shall be adjusted according to the law of the place where the will is subscribed or the place designated by the deceased. Incorporeal property shall be adjusted according to the law of the first place of publication. Contract law, adjusted according to the principle of party autonomy, this principle originated from the French High Court of Justice Fourrures Renell case. Movable and immovable property shall be subject to the law of the location of the property; property subject to registration (e.g. ship, aircraft) shall be subject to the law of the place of registration of property. The law of the place where the tort took place shall apply. The enforcement of foreign law shall be recognized by the court. The validity of a judgment of a foreign court shall be confirmed in accordance with local law and uniform rules.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D997
本文编号：2428205
[Abstract]:Between 1880 and 1960, the Congo (Brazzaville) was a territory of France and regarded as a province of France. Private international law was directly applicable to French law: after independence in 1960, the Congolese (Brazzaville) of French law still had an impact on family law, But the French family law is not fully applicable, mainly because of the cultural differences between the Congo and France. French law also sometimes applies to the Congo. Therefore, in the sources of private international law in the Congo (Brazzaville), we can find the French Civil Code and French jurisprudence. In 1980, the Supreme Court of Congo (Brazzaville) confirmed the basic principles of the application of French law in the judgment in the case of Loupelo. The main provisions of the private international law of the Congo (Brazzaville) are stipulated in the family law of the Congo (Brazzaville). Although they are called the Family Code, they contain a lot of contents, such as the application of the law to movable and immovable property and the effect of foreign judgments. The Code of Civil procedure for Fiscal Administration and Commerce is also very important, and its rules of procedure have become the guide of the administration of justice in the Congo. The jurisprudence of France and Congo was adopted by the courts of Congo. Most of the judicial decisions in Congo and France are apparently very similar. In the field of family law, the form of marriage is adjusted according to the law of the place where the marriage takes place. The domestic law of the condition of marriage. The jurisdiction and proceedings of the divorce court shall be adjusted in accordance with the law of the seat of the court. The conditions of adoption shall be adjusted in accordance with domestic law. Legal succession shall apply to the death of the deceased; testamentary succession shall be adjusted according to the law of the place where the will is subscribed or the place designated by the deceased. Incorporeal property shall be adjusted according to the law of the first place of publication. Contract law, adjusted according to the principle of party autonomy, this principle originated from the French High Court of Justice Fourrures Renell case. Movable and immovable property shall be subject to the law of the location of the property; property subject to registration (e.g. ship, aircraft) shall be subject to the law of the place of registration of property. The law of the place where the tort took place shall apply. The enforcement of foreign law shall be recognized by the court. The validity of a judgment of a foreign court shall be confirmed in accordance with local law and uniform rules.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D997
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1 何埃塔;刚果（布）国际私法初步研究[D];武汉大学;2004年
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