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我国《涉外民事关系法律适用法》第37条对动产物权的法律适用作了专门规定。动产物权的法律适用在“法则区别说”时代遵循的是“动产随人”原则;随着商事交往的发展,萨维尼提出的对动产、不动产物权一律适用物之所在地法的观点逐渐受到认同。动产物权适用物之所在地法既符合冲突正义,也符合实体正义的要求。我国《涉外民事关系法律适用法》第37条的规定在动产物权的法律适用问题上引入了当事人意思自治原则,但是对当事人意思自治原则却没有进行适当的限制,不利于交易安全的保护。
Article 37 of the Law on the Law Applicable to Foreign-related Civil Relationships in China makes special provisions on the legal application of the property right in movable property. The legal application of the right to movable property follows the principle that “the rule distinguishes” from the era of “movable property”. With the development of commercial exchanges, Savigny proposed the law of the place where all movable and immovable property The view is gradually recognized. The law of locality of the property right of movable property conforms to the justice of conflict as well as the requirement of substantive justice. The provisions of Article 37 of the Law on the Application of Law Concerning Civil Relations Concerning Foreign Affairs introduced the principle of party autonomy on the issue of the legal application of the property right of movables. However, the principle of autonomy of party autonomy was not properly restricted and not conducive to the protection of transaction security.