What role for overriding mandatory provisions of third countries in conflicts of laws relating to rights in rem in moveable non-cultural property?

• Pages: 469-476
• Author: Pietro Franzina

WHAT ROLE FOR OVERRIDING MANDATORY

PROVISIONS OF THIRD COUNTRIES

IN CONFLICTS OF LAWS RELATING TO RIGHTS

IN REM IN MOVEABLE NON-CULTURAL

PROPERTY?

Pietro Franzina*

Catholic University of the Sacred Heart, Milan

SUMMARY: I. THE CURRENT REFLECTION ON A POSSIBLE EU INSTRUMENT

ON THE LAW GOVERNING RIGHTS In rem.— II. THE UNILATERALIST

FLAVOUR OF THE LEX REI SITAE RULE: IS THERE ANY ROOM LEFT FOR

OVERRIDING MANDATORY PROVISIONS IN THE FIELD OF RIGHTS In

rem?— III. THE RECOVERY OF ILLEGALLY TRANSFERRED NON-CULTU-

RAL OBJECTS.— IV. THE ENFORCEMENT OF DUTIES PERTAINING TO

THE MOVEABLE ASSETS IN QUESTION.— V. CONCLUDING REMARKS.

I. THE CURRENT REFLECTION ON A POSSIBLE

EU INSTRUMENT ON THE LAW GOVERNING

RIGHTS IN REM

Two scientic projects are currently being carried out to reect on

the articulation and contents of a possible legislative measure of the

European Union that would deal with the law applicable to rights in

* Full Professor of International Law at the Catholic University of the Sacred Heart,

Milan (pietro.franzina@unicatt.it). This study has been conducted in the framework of

the research Project I+D+i PID2020-112609GB-I00 «Property rights system over tangible

goods in the eld of European Private International Law: aspects of international jurisdiction

and applicable law» funded by the Spanish Ministry of Science and Innovation (MICIU/

AEI/10.13039/501100011033). Websites mentioned in this study were visited on May 2024.

PRIVATE INTERNATIONAL LAW ON RIGHTS IN REM IN THE EUROPEAN UNION

DERECHO INTERNACIONAL PRIVADO SOBRE DERECHOS REALES EN LA UNIÓN EUROPEA

Maria Font-Mas (dir.)

ISBN: 978-84-1381-849-8

Madrid, 2024

pp. 469-476

DOI: 10.37417/PILRIRUE/19

Marcial Pons Ediciones Jurídicas y Sociales

Editado bajo licencia Creative Commons Attribution 4.0 International License