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The New Development Of The Laws Applicable Of Foreign-related Real Property

Posted on:2015-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:C ShangFull Text:PDF
GTID:2296330467465421Subject:International Law
Abstract/Summary:PDF Full Text Request
The laws application of the foreign-related real property once are considered in the fieldof rare conflict part of the private international law, so both domestic and foreign lawsapplicable to foreign-related research has been less. Almost formed the location methods of“content” unify the whole country. However, with the emergence of various new forms, newkinds of real right, people don’t have to start thinking about the basis of "local law" the basicrules of solve foreign-related real right of laws applicable, increase the exception clause in thelegislation to solve the legal application problems of the special foreign-related real property.This research according to our country the latest legislation and judicial interpretation of thelaws applicable of the foreign-related real right combining with related to the latest foreignlegislation, mainly using comparative method, combing the historical evolution of the lawsapplicable rules of the real right concerning foreign affairs process, summarized the newdevelopment of the real right law concerning foreign affairs for analysis. This research mainlycomparative analysis from the following four aspects:The first part: according to the trace of the history of private international law theory,combing the real right law concerning foreign affairs suitable at different times of the specificprovisions of relevant theory, to analyze various periods of foreign-related real right relatedtheory background, significance and historical influence, etc. Analysis of the pros and cons ofdifferent periods of foreign property rights theory.The second part: the analysis of the new development of private international law of thelaws applicable of the real right concerning foreign affairs. Summary analysis in today’snetworking, virtualization field of private international law concerning foreign affairs underthe time background of the real right face new challenges; analyze the new change ofinternational environment, such as: unification movement of private international law andeconomic regionalization, the influence of the law applicable to property rights ininternational private law concerning foreign affairs. The third part of the current foreign real right law applicable to face new challenges andnew changes, countries also adopted a new exploration accordingly. According to the realright concerning foreign affairs in the field of new theory, new legislation, new practice, sumup the real right law concerning foreign affairs suitable rules relative to the first part of thenew trends, new features. Analysis and evaluate the pros and cons of the latest legislation, aswell as foreign-related legislation of our country legislation.The fourth part: to summarize the above for the new development of foreign real rightlaw, the comparative analysis our country the latest foreign real right law applicable to therelated theory of controversy, as the real right concerning foreign related legislation andpractice put forward reasonable Suggestions. In addition, according to the content of thisresearch and point out that this research is not enough, and further research in this field.
Keywords/Search Tags:Foreign-related real property, Laws applicable, The new development, autonomy
PDF Full Text Request
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