Summary

In accordance with the Law on the General Principles of the Civil Code, the law of the place where a thing is situated applies to real rights. However, real rights in immovables and movables are not distinguished in this law. Consequently, real rights are subject to the lex rei sitae principle. However, several questions arise upon application of this principle: whether it applies to possession, how to determine the place where immovables are situated if the place is temporary; how to determine real rights in ships and aircraft which have not yet been entered into the state register, how to resolve the case of legal protection of real rights if the place where a thing is situated is changed and the law of the new location of the thing does not accept the legal facts which were the basis for the rise of the real right, what happens if a person submits to court a claim in respect of his/her movable and the place where the thing is situated changes during the lawsuit.