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2002年海牙国际私法会议通过的《关于由中间人混合托管的证券若干权利的法律适用公约》对传统的直接持有证券依物之所在地规则适用法律理论进行了继承和发展。在适用相关中间人所在地法原则(以下简称PRIMA原则)的基础上引入了意思自治原则,把两者有机的结合起来,研究其法律适用规则不仅有利于完善我国间接持有证券的相关立法,而且有利于保护我国当事人的利益。
The Convention on the Law Applicable to Certain Rights in Securities Mixed by Trustees and Mixed Adopts adopted by the Hague Conference on Private International Law in 2002 inherited and developed the applicable legal theory of the rules governing the place where the direct-held securities were located. The principle of autonomy of means is introduced on the basis of applying the principle of the location of the relevant intermediary (hereinafter referred to as PRIMA principle). The combination of the two is not only conducive to perfecting the relevant legislation on indirectly held securities in China, but also Benefit to protect the interests of the parties in our country.