On Application Of Laws Over The Real Right Of Movables

The great difference between legal systems of real right in the civil and commercial laws of every nation, which results from the variation of each nation's political and economical systems and traditional customs, inevitably leads the legal conflict on real right in the international civil and commercial relationships. Because the legal conflict on real right of movables is more complex than that of immovable, many nations have made some conflict rules for the application of laws over the real right of movables according to the particularity of the legal conflicts on real right of movables. However, there are some oversights and omissions in current laws of china, so the ambition of the thesis is to providing theoretical ground and advice for the perfection of conflict regulations about real right of movables in private international law of China.This thesis consists of five sections, except the introduction.Section I is about the evolving history about the application of laws over the real right of movables. The earliest conflict rule was the one called "mobilia personam sequuntur" or "mobilia ossibus in haerent" in Italy at Middle Ages, which was displaced by Savigny's theory. And Wachter further maintained the opinion that lex situs was applicable for real right of all movables that was accepted by most countries one after another.Section II discusses the general principle of the application of law over the real right of movables, which is that lex situs is applicable for real right of movables.Section III presents the application of law over the real right of special movables, including the real right of the goods in transportation, the real right*of means of transport, the real right of property in bankruptcy and the real right of national property.Section IV is about the issue relating to the application of law for the real right of movables such as characterization, intertemporal conflict of laws and the scope of application of applicable law of movables.Section V presents the legislative reality of application of laws over real right of movables in China that the general principle thereof is absent and therule of application of real right of special movables is not comprehensive. Maritime Law ofPRC and Civil Air Law ofPRC present several simple conflict regulations for real right of ships and civil air. After examined the current laws of China relating to the application of laws over the real right of movables, the author has put forward some advice for the perfection of the conflict rules of real right of movables.