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Book
Party autonomy in international property law
Authors: ---
ISBN: 9783866531734 9783866539327 3866539320 3866531737 1283162350 9786613162359 9781283162357 6613162353 Year: 2011 Publisher: Munich Sellier European Law Publishers

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Abstract

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 barriersin 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?

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