谢谢你的回复，我在网上找了一下德国的法律，我德语不好，所以找的是英文的版本，其中有两条我觉得和我的情况有关：
Art. 5.
Personal statute
(1) If referral is made to the law of a country of which a person is a national and where this person is a
bi- or multinational, the law applicable shall be that of the country with which the person has the
closest connection, especially through his or her habitual residence or through the course of his or her
life. If such person is also a German national, that legal status shall prevail.
Art. 14.
General effects of marriage
(1) The general effects of the marriage are governed by:
1. the law of the country of shared nationality of the spouses or last shared nationality during the
marriage if one of them is still the national of that country, otherwise
2. the law of the country in which both spouses have their habitual residence or lastly had it
during the marriage, if one of them still has his or her habitual residence there,
3. otherwise, the law of the country with which the spouses are jointly most closely connected.
(2) If one of the spouses has several nationalities, the spouses may choose the law of one of these
countries, without regard to the provisions of article 5 subarticle 1, if the other spouse also has that
nationality.
(3) The spouses may choose the law of the nationality of one spouse if the conditions of subarticle 1
no. 1 are not met and:
1. neither of the spouses is a national of the country in which both spouses have their habitual
residence; or
2. the spouses do not have their habitual residence in the same country.
The effects of choice of law end if the spouses acquire a shared nationality.
(4) The choice of law must be notarially certified. If it is not performed within the country, it is sufficient
if the formal requirements of a marriage contract under the law chosen or of the place of the choice of
law are observed. |
简体中文
繁體中文
English
Deutsch
发表于 2014-7-31 12:10
楼主