Tag Archive for: rights in rem

Third seminar on Rights In Rem – Tarragona, 4-5 April 2024

Third International Seminar on Rights In Rem in the European Union “Conflict of Laws on rights in rem in the EU: Status Quo and Proposals for the Future” is the closing dissemination activity within the project PID2020-112609GB-I0 Property Rights System over Tangible Goods in the Field of European Private International Law: Aspects of International Jurisdiction and Applicable Law, funded by the Spanish Government.

The seminar aims to offer discussions on various aspects of the conflict of laws rules concerning rights in rem. The debate is particularly relevant at a time when more and more academic associations (GEDIP and EAPIL) and other actors in private international law advocate for a legislative proposal by the European Union in this field. The rich conference programme will surely be of interest to many, and infromation about the venue and registration is available at the conference webpage.

This seminar is organised by the Rovira i Virgili University (Tarragona), the University of Barcelona and the University of Lleida, as well as the First and the Second seminars.

Franzina on Jurisdiction Regarding Rights in Rem in Moveable Property in the Brussels I Review

Pietro Franzina (University of Ferrara) has posted “The Proposed New Rule of Special Jurisdiction Regarding Rights in Rem in Moveable Property: A Good Option for a Reformed Brussels I Regulation?” on SSRN.  The abstract reads:

On 14 December 2010, the European Commission published a proposal for the recasting of regulation No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I). The proposal purports, inter alia, to add a provision granting non-exclusive jurisdiction “as regards rights in rem and possession in moveable property” to “the courts for the place where the property is situated”. The paper examines the scope of application of the proposed new rule and the connecting factor it employs, in an attempt to determine whether it would be a useful addition to the existing rules on jurisdiction in civil and commercial matters in Europe. It concludes that, although it may in some cases (and subject to some conditions) serve the goals of proximity of predictability underlying the special heads of jurisdiction of the Brussels I regulation, the provision would bring more disadvantages than advantages, and suggests that the Commission’s proposal in this respect should better be abandoned.

The article is forthcoming in “Diritto del Commercio Internazionale” (issue 3/2011).