The areas of knowledge of Private international law of the Universities Rovira i Virgili (Tarragona), Barcelona and Lleida have organised 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.
The third seminar is devoted to the analysis of the conflict of laws rules determining the applicable law to rights in rem. The proposed debate is particularly relevant at a time when more and more academic associations (GEDIP and EAPIL) and the guild of private international law are in favor of a legislative proposal by the European Union in this field.
In view of the inactivity of the EU legislator (unlike is happening in the USA) to propose a necessary Regulation on the applicable law to rights in rem, the academic proposals of GEDIP and EAPIL will be presented during the Conference. The convenience or otherwise of using the classic lex rei sitae rule and other points of connection in some matters that require it, such as lex originis or lex locus for a hypothetical future EU Regulation, will be questioned. Proposals for implementing rules, the role of mandatory rules and conflict of laws rules for certain matters, such as means of transport, mortgages, cultural goods, among others, will be analyzed. Also, being of rigorous topicality, it will be revised whether the rules of PIL on rights in rem are adequate in the digital era. Time is also reserved for comparative study, and Spanish private international and interregional law.
In this sense, the development of the III Seminar is articulated around several thematic areas:
- Comparative private international law on rights in rem.
- Proposal for an EU Regulation governing the determination of the applicable law and rules of application in matters of rights in rem.
- Challenges of the conflict of law rules on rights in rem in the digital era.
- Other particular issues of PIL rules on rights in rem.
The III Conference is part of the research project "Regime of rights in rem over tangible property in European private international law: issues of international jurisdiction and applicable law", Ref.PID2020-112609GB-I0, of which Dr. Georgina Garriga Suau (Universitat de Barcelona) and Dr. Maria Font i Mas (Universitat Rovira i Virgili) are co-principal investigators.
The research carried out by the project has been discussed at the following conferences:
I International Conference on Rights in Rem in the European Union. "General Aspects and International Jurisdiction" was held on 10 and 11 November 2022 at the URV in Tarragona.
II Conference on rights in rem in International Private Law in the European Union. "Legal-practical aspects from the notarial perspective", was held at the headquarters of the College of Notaries of Catalonia in Barcelona, June 13 and 14, 2023.
Webinar (internal work): presentation and discussion of the GEDIP proposal and the EAPIL, November 29, 2023.
III Conference on rights in rem in International Private Law in the European Union. "Conflict of laws on rights in rem in the EU: status quo and proposals for the future", April 4 and 5, 2024, at the URV in Tarragona. This is the closing act of the research project.