SECTION V - The Principle Of Preference For A Foreign Lex Rei Sitae
Verfasser | E. J. Cohn |
Amt des Autoren | Sir |
Seiten | 10 |
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Article 28 contains the following provision, which at a first glance may seem somewhat enigmatic, 'The rules of articles 15, 19, 24 (1), 25 and 27 are not applicable to property which is not located in the territory of the state whose laws are applicable according to those rules and which are subject to special provisions under the laws of the state where they are located.' This rule is intended to deal with problems of the following type. Property belonging to an estate, the bulk of which is situated in state A, is situated in state B. Under the laws of state B the property within its own territory is governed not by the rules of the law of state A, but by those of state B.
According to article 28 the German judge must apply to such property the rules of state B.
EXAMPLE: An, Englishman dies domiciled in Germany. He leaves movable property in Germany, France and England and immovable property in England. Succession to his estate is governed by German...
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FORDERN SIE IHR PROBEABO AN- Bücher und Zeitschriften
- SECTION I - Conception, Character And Sources
- SECTION II - The Principle Of Nationality
- SECTION III - Rules Extending The Sphere Of Application Of German Law
- SECTION IV - The Application Of Foreign Law
- SECTION V - The Principle Of Preference For A Foreign Lex Rei Sitae
- SECTION VI - Recognition And Enforcement Of Foreign Judgments
- SECTION VII - Multiplicity Of Legal Rules Within One State
- SECTION VIII - Persons
- SECTION IX - Legal Transactions In General
- SECTION X - Law Of Contracts
- SECTION XI - Delicts And Other Non-Contractual Obligations
- SECTION XII - Law Of Property
- SECTION XIII - Law Of Husband And Wife
- SECTION XIV - Parent And Child
- SECTION XV - Guardian And Ward
- SECTION XVI - Succession
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