Universitat Rovira i Virgili

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Rights in rem under debate among the most prestigious academy of Private international law

The international seminar focused on the different rules of Private International Law on conflict of laws of the EU Member States

On April 4th and 5th, the "III 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", was held in the Board Room of the Faculty of Legal Sciences of the Rovira i Virgili University in the city of Tarragona, Spain. The Seminar was led by the Associate Professor of Private International Law, Maria Font i Mas, from the Department of Private, Procedural and Financial Law of the URV.

The seminar was carried out in the closing days of the project "Regime of rights in rem over tangible property in European private international law: issues of international jurisdiction and applicable law", focused on the different rules of Private International Law on conflict of laws of the EU Member States, taking into account that there is no general conflict rule regulated at the European Union level.

The extensive application of lex rei sitae within a comparative framework fails to address the diverse array of rights in rem within cross-border scenarios or those with an international dimension concerning immovable property, cultural objects, movable assets in transit, or contingent upon the nature of the goods (such as means of transportation) or security interests. Additionally, rights in rem pertaining to cryptocurrencies or digital assets further complicate matters. During various panels discussions, alternative suggestions were explored for a prospective European Union Regulation, including the potential adoption of overriding mandatory provisions and conflit mobile rules among other considerations.

The papers were presented by European internationalists of recognized prestige such as F. Garcimartín of the Grupe Européen de Droit International Privé (GEDIP); E.-M. Kieninger, G. Cuniberti, A. Patrao, I. Heredia, J. Carruthers and Jonathan Schenk, from the Working Gourp on International Property Law of the EAPIL (European Association of Private International Law);  other invited scholars such as G. Palao Moreno, M. Pertegás Sender, A. Font i Segura, N. Magallón Elósegui, R. Miquel Sala, B. Añoveros Terradas, S. Ferrazzi, B. Van Houtert, B.S. Jiménez-Gómez. Members of the research team of the project of the Ministry of Science, Innovation and Universities (ref. PID2020-112609GB-I00) Ch.A. Whytock, P. Franzina, I. Kunda, I. Pretelli, J.M. Fontanellas i Morell, C. Parra Rodríguez, C. González Beilfuss, D. Marín Consarnau, Ángel Serrano de Nicolás, V. Andreeva and S. Canales Gutiérrez.

The Seminar was followed online in hybrid mode, to which professional jurists and academics from different Spanish, European and Latin American universities attended.

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III 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