国际私法-hapter 7-Matrimonial and Family Relations.pptVIP

Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption《儿童保护和国家间民收养合作公约》 1 2 3 4 in the child’s best interest 符合儿童最佳利益 its wishes and opinions have been duly considered, having regard to the age and degree of maturity of the child 根据儿童的年龄和成熟程度，充分考虑其意愿和意见 A central authority must be established in each contracting state每一缔约国建立中央机关 The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child. 只有当承认收养关系会明显违反承认国的公共政策时，并且考虑到儿童的最佳利益时才可以拒绝承认 Conflict of Laws in guardianship监护关系中法律冲突 A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ACTIVITIES 讨论 Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as residence and contact (known as visitation in the United States) have superseded the concepts of custody and access. Instead of a parent having custody of or access to a child, a child is now said to reside or have contact with a parent.__ / Conflicts in guardianship监护的法律冲突 Requirements to be a guardian监护人的条件 The duties of a guardian监护人的职责 The scope of ward被监护人的范围 The applicable law for guardianship监护关系的法律适用 Personal law of the ward被监护人的属人法 The law of the forum法院地法 Chinese Law中国法 The appointment of a guardian, the alteration and the termination of the guardianship shall be governed by the lex patriae of the ward