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国际商事交易从传统的物权交易、融资性贸易,再到证券跨境交易,均需要与之匹配的法律适用规则。资产的权利化和权利的证券化对传统的法律适用规则提出了挑战,债权法律适用规则与物权法律适用规则的简单组合不能适用现实的需要。实践表明意思自治这一法律适用原则,正在成为跨境金融性商事交易的首选原则,但对于新型经济体和转型过程中的资本市场秩序的冲击和影响亦应充分评估,我国的证券法律适用规则在借鉴意思自治时应予适度改造与完善。
International commercial transactions from the traditional real estate transactions, financing trade, and then securities cross-border transactions, all need to be matched with the law applicable rules. The right of assets and the securitization of rights challenge the traditional rules of law application. The simple combination of the applicable rules of the law of claims and the law of real rights can not meet the needs of reality. Practice shows that the principle of the law of autonomy is becoming the first principle of cross-border financial transactions. However, the impact and impact on the capital market order in the new economy and in the process of transformation should also be fully assessed. The applicable rules of securities law in our country When referring to autonomous autonomy, it should be properly transformed and perfected.