The lex rei sitae and Its Neighbours – Debates, Developments, and Delineating Boundaries Between PIL Rules

The lex rei sitae is one of the best-known rules of private international law (PIL). It certainly is one of the most straightforward – easy both to understand (at least in its basic mechanism) and to apply. Among the traditional arguments in favour of the lex rei sitae, the connection to territorial sovereignty, the facilitation of the enforcement of judgements and the practical need for the registration of in rem rights to adhere to the rules and procedures of the registration state have been the most prominent. Regarding immovables, the lex rei sitae and its stability and clarity have not been challenged as of yet. For movables, some exceptions to the strict situs rule can be found and in recent years, a general debate about possible alternatives to the lex rei sitae for “mobile” assets has started in earnest, but a fundamental change of this general PIL rule for property law questions cannot be