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作者指出,当代国际私法趋同化的走势已大大加强,而物权法律适用的趋同正是其重要表现之一,物之所在地法原则作为动产和不动产物权法律适用的主导性原则已被普遍采用。在分析评介了一些国家和地区的立法及司法实践的基础上,作者进一步指出,对这种物权法律适用的趋同性,不能简单地理解,而应该看到大同之中有小异,在各国(地区)的立法及司法实践中,还存在着种种差异,对此应认真分析其原因与价值的所在,而不应把这一趋同化走势加以简单化。
The author points out that the trend of the contemporary convergence of private international law has been greatly strengthened, and the convergence of the applicable law of real right is one of the important manifestations. The principle of the location of the law has been widely adopted as the dominant principle of the law applicable to movable property and real property . On the basis of analyzing and commenting on the legislative and judicial practice in some countries and regions, the author further points out that the convergence of the legal application of such property rights can not be simply understood. Instead, it should be noted that there are small differences among Datong, (Regions) in the legislative and judicial practice, there are still many differences, which should be carefully analyzed the reasons for its value, rather than to simplify the trend of convergence.