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...
SECTION V - The Principle Of Preference For A Foreign Lex Rei Sitae
|Author:||E. J. Cohn|
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