Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility.

This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?

Readership: Academics, judges, lawyers, notaries, governments and legislators.

review

This book gives answers to future challenges, such as the omnipotence of the classical lex rei sitae rule, and the harmonization of international property cinflict of laws.
(Dr. Apostolos Anthimos in: Harmenopoulos 2011, p. 1775 f.)