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SECTION XII - Law Of Property

Document Cited in Related
AuthorE. J. Cohn
ProfessionSir
Pages21

  1. The German private international law relating to property is-notwithstanding the complete absence of statutory rules-fairly simple, as it is entirely governed by the lex rei sitae. The distinction made in the early nineteenth century in this field between movable and immovable property has long been abandoned in German law. The lex rei sitae therefore rules supreme. The German judge will have to consider whether the property under consideration is movable or immovable only in those cases where the lex rei sitae makes this distinction in its own conflict rules, as does e.g., English law, because any renvoi or transmission contained in the foreign law, must in acordance with the general principle of German law be followed.

  2. The situs of a right arising from contract is the place where the debtor has his...

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