PARTY AUTONOMY IN THE APPLICABLE LAW TO RIGHTS IN REM TO MOVABLES UNDER THE CHINESE ACT ON THE LAW APPLICABLE TO CIVIL RELATIONS WITH A FOREIGN ELEMENT： A COMPARATIVE REVIEW

It is widely recognized that a right in rein to movables is to be governed by the law where the movable is located, while party autonomy is confined to the choice of law in contractual matters. Recently there have been calls to extend party autonomy to right in the choice of law in rights in rein to...

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Bibliographic Details
Published in:Frontiers of law in China 2014-09, Vol.9 (3), p.446-463
Main Authors: Wenwen, LIANG, Xiongbing, QIAO
Format: Article
Language:English
Subjects:
ACT
Choice of law
Civil law
Laws, regulations and rules
Property law
Property rights
中国人
外国
当事人
物权法
自治
适用法律
选择权
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Summary:It is widely recognized that a right in rein to movables is to be governed by the law where the movable is located, while party autonomy is confined to the choice of law in contractual matters. Recently there have been calls to extend party autonomy to right in the choice of law in rights in rein to movables. The 2010 Act of the People＇s Republic of China on the Law Applicable to Civil Relations with a Foreign Element （the Act） is a legislative move. The question, however, remains whether it is reasonable for mandatory property law to be left to the choice of parties, in particular in an age when transborder movement of movables is frequent. This paper analyzes the issues of party autonomy and applicable law to rights in rein to movables.
ISSN:1673-3428
1673-3541
DOI:10.3868/s050-003-014-0026-9