On The Application Of Court Law In Foreign - Related Real Right

The application of foreign-related real right law has been the focus of scholars sinceancient times. However, after Savigny proposed conflict rules concerning foreign real right inthe14th century, either doctrine or legislative practice have has rarely suggested to apply lexfori. This does not mean that we can ignore it. If analyze it carefully, you will find it isalways can be applied although there are not explicit provisions in legislation. Professor ShenJuan called it recessive applicable of lex fori in real right relations. This thesis is based onmany information to analyze the application, the reasons and the trends of lex fori inforeign-related property. Finally, combined with China’s relevant laws to discuss theapplication of lex fori in foreign-related property, and identify problems and proposesolutions ideas.This thesis is divided into four parts, about three thousand words.The first part analyzes lex fori and law applies of property relating to foreign. Thissection respectively analyzes law applies of real property and movable. After propose lex locirei sitae, there it’s not seem to change much. It looks like that there is not contact between lexfori and law applies of real property, but because of the dual role of choice of law rules andjurisdiction-selecting rules, lex fori are often able to get recessive apply. Compared with thereal estate, law applies of movable property should more complicated. The thesis analyzeslaw applies of chattel from general and special of it. Similar to real property, this section alsoanalyze lex fori in movable application of law by choice of law rules andjurisdiction-selecting rule.The second part is on the reason of applicable of lex fori in property relating to foreignfactor. It can be applicable in property, in addition to the dual role of two rules mentioned inthe first part, but also in driving matter of national sovereignty as well as its own particularitynature. We also can not ignore lex fori as the final line of defence.The third part probes the lex fori trends in the field of foreign-related property. Era ofdevelopment, social progress, the new ideas and theories are constantly replacing the old ones.In the field of property, the soften of the situs rule, and application of “dépe age”, and theintroduction of principles of the most significant relationship and the party autonomy, all havea great impact on the applicable law of property. Even including the trend of the lex fori. All of these changes are affecting the application of forum law in property.The fourth part analysis the application of lex fori in property in our country. The sectionbased on the " People’s Republic of China Foreign Relations Law Applicable Law", andcombined with the "Civil Law","Property Law","Civil Law "," Maritime Law " and otherrelevant laws, analyzes the conditions of lex fori application in property in our country. Andpoints out the unreasonable phenomenon and improvement in the future legislation.