Article 16 - Law governing real and personal property

18 August 2019
18:48
Real property as well as personal property is subject to the law of the country where it is situated.

However, intestate and testamentary successions, both with respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of
the person whose succession is under consideration, whatever may be the nature of the property and regardless of
country wherein said property may be found.

PRINCIPLE OF LEX REI SITAE
Exceptions:
Real and personal properties are subject to the law of the country in which they are
situated.
1. The order of succession
2. The amount of successional rights
3. Intrinsic validity of the provisions of the will
The national law of the decedent governs the capacity of the heir to succeed.

RENVOI Referring back

DOCTRINE
The problem arises when there is a doubt as to whether a reference to a foreign law is
reference to the internal law of said foreign law; or reference to the whole of the
law, including its conflict rules.

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