Foreign Real Rights Of Legal Conflict And Legal Applies

The real right is the holder in accordance with law specific content enjoy to possess, utilize, seek profits from and dispose of the intervention and eliminate others rights.The real right is one of the most important civil rights, it is people engaged in social activities of the material base. Because of this, States almost without exception to the right of the civil legislation of clear and specific provisions, but some countries and regions says its real rights, and other countries and regions, called the property rights, there are also countries and regions called ownership. Foreign real rights are the rights or content associated with the foreign subject or object which has the property of foreign-related factors. Due to various national and regional political, economic, cultural traditions, especially social systems, each method is bound to vary the content of the right to development, some even quite different, allowing foreign real right law conflict inevitable.Foreign real right law conflict seriously affects not only the international circulation of goods and international trade, or even affect the normal civil exchanges between the countries. Conflict of law of any foreign power may eventually evolved into disputes between the countries, because each property rights by rights holders are backed by their country. To this end, scholars of international private law and judicial practice of States seeking the foreign workers are committed to real right legal solution to the conflict. And try to find a mutually acceptable solution for the national foreign property rights advocates the principles of conflict of laws. After lex rei sitae principle was raised, was quickly accepted in varying degrees in many countries, and gradually become the right of settlement of foreign law applicable to conflicts of law principles. Throughout in China about adjustment foreign real right relationship of legislative, civil law General under of related provides can be described as incomplete, foreign civil relationship legal applies method under about adjustment foreign real right relationship of provides although ha(?) many new of content and features, is in China adjustment foreign real right relationship legislative Shang of a important of milestone, but the method still has many disadvantages and worth discussion of local, given this, this to "foreign real right of legal conflict and legal applies" as papers of topics, Trying to seek overseas foreign law applicable to property rights legislation and judicial practice of useful experience on further perfecting legislation of real right law concerning Foreign Affairs put forward their opinions.Full-text in addition to bury the hatchet conclusion, it is divided into the following sectionsThe first part is divided into the following, interpretation of law conflict of foreign property. The part based on the real rights and real right concept, characteristics and types of foreign expositions, illustrates many of the foreign real rights conflict of laws. Foreign real right of legal conflict main performance in is as follows area:movable and real estate of distinction States civil law of provides different; real right object of range States legal of provides not only consistent; real right of made, and change and eradication of way and conditions States legal of provides differences very large; real right of protection method States legal of provides conflict fierce; real right of has limitation in States civil law in the also has does not same of provides.The second part, major expositions of international principles of law applicable to property rights-lex rei sitae principle. First of all, describes the basic meaning of the lex rei sitae principle and the principle of the lex situs of the development. Second, the elaborated theoretical basis for the application of the lex rei sitae principle of right relations. Responded to apply the principle of lex situs of real right doctrine and theory is largely based on the following propositions:"sovereign said","the legal relationship said ","interest said","said" and "control said. Second, discusses the scope of application of the lex rei sitae principle. The scope of application of the principle include:the distinction between movable and immovable property; property object scope property rights protection method; the type of property; rights of acquisition, change and the eradication of. Finally, discusses the relationship between application of the lex rei sitae principle of the right of all kinds of exceptions:such as the various means of transport, transport of goods, does not have the right on the main land of the real right of property and other special relationship does not apply the material principle of the lex situs.The third part, discusses the legislative status of the foreign law applicable to real rights in China, the main defect and perfect way. First of all, on the legislative status of the foreign law applicable to real rights in China for a more comprehensive Combs. Legislation on law application of foreign real rights in China were seen mainly in the General principles of civil law and the law on law application of foreign civil relations, moreover, of the maritime law, the provisions of the succession Act and other laws are sporadic. Again, analyze the current shortcomings of the provisions of the law application of foreign property. Such as:civil law General under just provides has part foreign real right of legal applies, foreign civil relationship legal applies method under in will mean autonomy principles introduced foreign real right of legal applies of while, is is not on mean autonomy principles made necessary of limit,, and last, on how perfect in China foreign real right legal applies of legislative made has some useful of views:on party select legal applies Yu real right of range should for must of limit; should in mean autonomy terms in the joined "cannot confrontation third people terms"; To consider foreign law applicable to real rights by "same system", which does not distinguish between movable real rights and real right, uniform application of the same law.