PROPERTY RIGHTS IN CHINA’S CONFLICT OF LAWS

Abstract

China’s new private international law adds choice of law provisions for property. Most of the provisions are innovative. They further clarify the general legal provisions applicable to property with a focus on regulating movable property and commercial securities. The choice of law rules for property comply with relevant international legislation as far as possible. At the time, certain individual provisions are not well drafted and they are inconsistent with current domestic substantive laws. The principle of parties’ autonomy was first introduced to the field of “movable property” and “movable property in transit,” but it seems goes too far. In light of the gradual opening up of China’s securities market, the new law stipulates applicable laws to commercial securities, but it did not take into account the indirect holding system of securities.

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Higher Education Press and Thomson Reuters