Lex rei sitae

from Wikipedia, the free encyclopedia

The Lex rei sitae ( Latin law of the documented object) describes the law of the place where an object is currently and physically located. So z. B. in international private law is often based on the location of a property in order to determine under which law it is to be treated. In German law this is regulated in Art. 43 , in Austrian law in Section 31 of the IPR Act and in Swiss law in Art. 99 and Art. 100 of the Federal Act on Private International Law.

The international recognition and use of the situs rule in international property law has recently been called into question by proposals for deviations. The German legislature takes this tendency into account in Art. 46 EGBGB by allowing a different connection there as an exception.