DOI: 10.25136/2409-7136.2026.9.82208 ISSN: 2409-7136

Features of the application of exceptions to the general conflict principle of the location of the object

Vladislav Leonidovich Ogol'

Subject of the study. Conflict regulation of the emergence and termination of property rights and other rights in rem over movable property in transit (cargo in transit) in Russian private international law, primarily the provisions of paragraphs 2-4 of Article 1206 of the Civil Code of the Russian Federation, their relationship with lex rei sitae, competition between real and obligational statutes, limits of party autonomy, as well as issues related to the transfer of risk of accidental loss and acquisitive prescription in the context of cross-border movement of goods. Method, methodology of the study. Comparative legal analysis of the provisions of Russian legislation and relevant norms of the civil codes of the post-Soviet states, doctrinal research of the positions of domestic and foreign authors, systematic interpretation of conflict norms considering the practice of the Supreme Court of the Russian Federation, as well as taking into account the modern features of international transportation (multimodality,Containerization, digitalization of transport documents). Novelty of the research, conclusions. It is shown that regarding cargo in transit, Russian legislation effectively prioritizes obligational statutes over real statutes, allowing the parties to choose the applicable law for the contract to resolve issues of the emergence and termination of rights in rem. The advisability of limiting such autonomy in terms of legal orders that have an objective connection with the contract or the route of the cargo (law of the country of departure, destination, or law applicable to the carriage contract) has been substantiated. The inadequacy of the current attachment to the law of the country where the property was located at the time of the expiration of the acquisitive prescription has been identified, specifically regarding items crossing multiple jurisdictions, and it has been proposed to introduce a rule on the continuity of possession periods taking into account good faith under each of the consecutively applied legal orders.