Abstract

The comment addresses the effects of the application of the lex rei sitae on the protection of property and real rights (property rights) in the light of Article 18 of the Resolution of the Institut de droit international concerning ‘Human rights and private international law’. Having clarified the scope of the rule in question, the comment assesses the solution proposed by the resolution in the light of private international law, of Italian law and of international law, with special regard to the case-law of the European Court of Human Rights.