关键词: 涉外动产物权, 法律适用, 国内法, 属人法, 属地法

Abstract:

According to the Law of the people’s Republic of China on Application of Laws to Foreign-related Civil Relations，
when referring to the law application of foreign-related chattels，a priority should be given to the autonomy of will of the party’s
and then apply the law with the principle of“lex loci rei sitae”. It becomes a trend in obligation of real right that the principle of
autonomy of will of the party’s in the law of obligation has been introduced into real right realm. However，this inevitably gives
an unfavorable impact on the traditional property jurisprudence，which may result in less guaranteed security in international
commercial trade. Nowadays，most countries have adopted the principle of“lex loci rei sitae”as for as chattels and realties are
concerned，and the principle of“mobilia sequuntur personam”of personal law is being given a minor position by those nations.
Yet，application of laws to foreign-related chattels is more complex than that to realty issues，and it may causes collision in
applying the conflict law due to the complex structure of chattels and the uncertainties of the location of realties. Thus，many
countries have defined some exceptional circumstances.

Key words: foreign-related chattels, application of law, domestic law, personal law, territorial law