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 basically have founded their Property Law on the lex situs. This point of view however is becoming more and more challenged. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility in a technical sense, but also legally speaking.
This book deals with important questions concerning this problem, like: what happens to property rights related to movables and claims when borders are crossed (‘conflit mobile’)? 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 l it all worth in insolvency situations?
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