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破产原本属于私法上的财产处分与债务公平清偿的行为。但对于进入破产程序的跨国金融机构而言,因其在业务上呈现出跨国的性质,那么在一国的破产宣告必然会影响到位于其它国家领土上的财产的法律地位。在国际私法上跨国金融机构破产案件的管辖权问题引起了诸多争议,但迄今未有统一的国际立法予以协调。我国应在借鉴国外经验的基础上构建以债务人主要利益中心所在地为连接点的管辖权模式,并适度自我限制域外的管辖权。
Bankruptcy originally belonged to the private property law on the disposition of property and debt fair discharge behavior. However, for transnational financial institutions entering bankruptcy proceedings, their bankruptcy declaration in one country will inevitably affect the legal status of property located in the territory of other countries because of their transnational nature. The issue of the jurisdiction of the insolvency cases of transnational financial institutions in the private international law has caused much controversy, but so far there is no unified international legislation to coordinate it. Based on the experience of other countries in our country, our country should construct a jurisdiction model that takes the location of the center of the main interests of the debtor as its connecting point and moderately restrict its own jurisdiction over the territory.