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离岸金融关系可以分为离岸金融监管关系和离岸金融交易关系,后者是离岸金融关系的主要部分,并受到国际私法的调整。具体地讲,离岸货币关系准据法的确定主要依靠冲突规范;离岸证券关系准据法的确定则更多地依据国际惯例。本文着重讨论了以冲突法调整离岸金融交易关系时应该注意的问题,并认为,展望离岸金融交易法律适用问题的发展,国际惯例将日益成为当事人的首要选择,成为调整离岸金融交易关系的最主要依据。
Offshore financial relationships can be divided into offshore financial regulatory relationships and offshore financial transaction relationships, the latter of which are the major components of offshore financial relations and are governed by private international law. Specifically, the determination of the law applicable to offshore monetary relations mainly depends on the conflict of norms; the determination of the law applicable to offshore securities is more based on international practice. This article focuses on the issues that should be noticed when using the conflict law to adjust the relationship between offshore financial transactions and believes that the development of the legal application of offshore financial transactions in the prospect of international conventions will increasingly become the primary choice of the parties and become the adjustment of offshore financial transactions The most important basis.