What is it about?
This contribution offers a critical reflection on the use of the conflict of law rule (Lex Rei Sitae) that decides what is the applicable law in international property situations. For example, a car that is owned in Germany, but drives into France. Events can happen, such as an car accident or a seizure by a bank, that require a determination of the property relations. The lex rei sitae rule always refers to the place where the object is situation for an answer. That is sometimes difficult and exceptions are occasionally needed, although not available. Moreover, also in context of the EU integration process, this rule is perhaps too national-focused.
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Why is it important?
This contribution is part of a special issue that devotes attention, not only from private international law, but also from substantive (property) law to the current state of a rule that is difficult to apply to modern day settings, such as virtual worlds, space or even in context of the fundamental freedoms in the European Union.
Perspectives
Writing this contribution was a great pleasure as my co-author Prof. Caroline Rupp and I could work together on a long standing project. The special issue is a result of a conference (Young Property Lawyers Forum) that we co-organised. The article sheds light on an issue that we still consider underdeveloped in the literature and shows that there is much more to it than just a simple conflict of laws rule.
Prof. dr. Bram Akkermans
Faculty of law maastricht university
Read the Original
This page is a summary of: Queen Lex Rei Sitae – Off With Her Head?, European Property Law Journal, December 2018, De Gruyter,
DOI: 10.1515/eplj-2018-0009.
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