论涉外动产物权法律适用中的意思自治原则

On foreign-related personal property right law application's will autonomy principle

物之所在地法原则是物权法律适用的基本原则,但在涉外动产物权领域单一适用物之所在地法忽视了物权和债权关系的内在联系。《涉外民事关系法律适用法》将意思自治原则引入动产物权法律适用具有法理依据,符合冲突正义的要求,但意思自治原则只是物之所在地法的补充,应当对相关条文进行严格的限制性解释。

Through the lex situs rule is the basic principle of conflict of laws over the real right, its exclusive application to the real right of movables overlooks the intrinsic relation between real property and obligation. The Law of the PRC on the Laws Applica- ble to Foreign-Related Civil Relations stipulates the choice of law applied to the right over the movables shall be subject to the principle of the party autono- my. This stipulation has its legal basis; however, the principle of the party autonomy, as a complement to the lex situs rule, should be interpreted restrictively in order to avoid being overemphasized.