The Studies On "Lex Rei Sitae"

lex rei sitae, as the main conflict rule of law applicable to property right, has won widest recognition and is looked as one of the most stable mles. On the basement of traditional research on law applicable to property right, the comparative study is the method of this paper. By studying variety development of law applicable to properly right (whole); by analyzing the actual application of lex rei sitae (part) and by integrating the jurisdiction determination and the law applicable, the paper try to inquire the development trend of lex rei sitae.This paper is composed of 5 chapters:In chapter one, the traditional research on lex rei sitae is introduced, and that's also the foundation of the whole research made by this paper. In allusion to mles' variety of law applicable to property right, the second part of the paper analyzes the presentation and reason. Then, the conclusion that lex rei sitae is no longer the unitary and slavish rule of law applicable to property right is brought to light. After that, chapter 3 introduces the development of lex rei sitae as the rule to set the jurisdiction of the movable or immovable property and the actual application of the rule in change of title, which is the weak ring of research chain on law applicable to tangible property right. Firstly, chapter 4 introduces the law applicable to intangible property right and gives a definite definition to intangible property. Hence, it analyzes the range of intangible property within the frame of international private law and how to set the lex rei sitae of intangible property applying Anglo-American Legal System。At its conclusion part, chapter 5, this paper puts forward some suggestions on legislation. These suggestions aim at changing the legislation status in quo of china and they borrow some foreign experience. The author hopes that the suggestions can do some favor to the consummation of Chinese legislation.