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Party Autonomy in International Property Law


Party Autonomy in International Property Law by Roel Westrik
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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 barriers
in 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?

sellier european law publishers; June 2011
282 pages; ISBN 9783866539327
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Title: Party Autonomy in International Property Law
Author: Roel Westrik; Jeroen van der Weide