Lex rei sitae

The Lex rei sitae (Latin: right of immovable thing ) denotes the law of the place in which a thing is currently located and physically. Thus, for example, in private international law often parked on the location of a property to determine which law this is to treat. In German law, this is in Article 43 BGB, under Austrian law in § 31 IPR law and governed by Swiss law in Article 99 and 100 of the Federal Act on Private International Law.

The international recognition and use of the situs rule in international property law has been found recently by deviation proposals in question. The German legislator takes this tendency in Article 46 BGB bill by way of exception allows a different attachment there.

  • Private International Law
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