1.

Draw up a scheme of conflict of laws regulation of property rights to

different types of property

Goods in transit
Real Property Personal property
(res in transit)
lex rei sitae; lex rei sitae; the law of the
the law of the lex personalis; country of
location of the mobilia personam destination of the
thing. sequuntur thing;
("movable property the law of the
follows the owner"); country of dispatch
the law of the place of the thing.
of residence (lex
domicilii).

Intellectual Property

in accordance with
the legislation of the
state in whose
territory they were
created or
registered;

1. Real Property - In practically all countries of the world, the conflicting formula
of lex rei sitae is recognized as fundamental regarding rights and obligations on
immovable property (land plots, buildings).

Currently, the principle of conflicts of interest "the law of the location of the thing"
is widely recognized as the beginning of any action in the space of laws regulating
property rights and on movable and immovable property: "The right of ownership
and other property rights on immovable and movable property are defined by the
law of the state in which this property is located "(Article 38.1 of the Law on MPP
Ukraine).
2. Personal property - in relation to movable things, historically the first way of
resolving conflicts was the application of the personal law of their owner within
the framework of the well-known legal principle: mobilia personam sequuntur
("movable property follows the owner"), where the connection of a thing with a
certain legal order is explained as a consequence of the person's dominion over the
thing and the application the principle of the personal law of an individual (lex
personalis), as a rule, in the version of the law of the place of residence (lex
domicilii), in this case was justified by the fiction of finding a movable thing
where the authorized subject was, even if in fact this was not the case.

At the current stage of the development of private international law, in the vast
majority of national sources aimed at regulating property relations and other
property rights to property, the lex rei sitae conflicting binding is used both in
relation to immovable property, including the sphere of inheritance and contractual
obligations, and to movable property.

3. Goods in transit (res in transit) - Special difficulties in international business

practice are caused by cases when the object of the transaction is a product that is
in transit (res in transity), when the application of the lex rei sitae conflict of law
rule becomes impossible. In international private law, there are several links that
allow the seller and the buyer to determine which law will be applied to regulate
their relationship regarding the transfer of ownership in similar cases: the law of
the country of destination of the thing, the law of the country of dispatch of the
thing. At the same time, different states in their conflict of law law give preference
to different bindings.

In our country, there is a rule according to which the right of ownership and other
real rights to movable property that is in transit according to a deed are determined
by the law of the country from which this property was sent, unless otherwise
established by agreement of the parties (Article 41 of the Law of Ukraine "On
private international law")

3. Intellectual Property - All intellectual property rights have a territorial nature

and are subject to legal protection in accordance with the legislation of the state in
whose territory they were created or registered. However, in the relations in the
field of intellectual property law with a foreign element, there are issues of
overcoming the territorial nature of such rights.

In accordance with Part 3 of Art. 3 of the Law of Ukraine "On Copyright and
Related Rights" to subjects of copyright and (or) related rights, regardless of their
citizenship, whose works or objects of related rights were first published on the
territory of another state or were not made public, but are in public objective form
on the territory of another state, legal protection is provided in accordance with
international treaties of Ukraine

2. Identify the property statute and determine the moment of transfer of

ownership in transactions carried out on CIF. FOB, EXW, FAS.

CIF

Terms of delivery CIF Incoterms 2010 is a commercial trade term, which in

international practice is one of the main terms of delivery of goods. Its name is an
abbreviation formed by the first letters of the English expression "Cost, Insurance
and Freight".

Delivery of goods on CIF terms means that the seller has fulfilled the stipulated
delivery in the event that the goods have already been actually placed on board the
vessel (passed over the rails) at the port of shipment within the terms agreed upon
by the parties.

At the same time, under the conditions of CIF delivery, the seller must pay the
costs of delivering the goods to the specified port of destination. The seller must
also insure the goods (by paying the prescribed insurance premiums) against the
possible risks of their complete loss or partial damage during transportation. The
seller hands over the bill of lading (goods receipt) and the insurance policy to the
buyer.

From the moment when the goods are placed on board the ship, possible risks of its
loss or damage are assumed by the buyer.

CIF conditions apply exclusively to the transportation of goods by water (sea or

river transport).

FOB

OB (from the English FOB, Free On Board, ex. "free on board") is an agreement
clause in maritime trade, which provides that the seller is obliged to deliver the
goods and load them on board the ship at his own expense.

This means that from this moment on, all costs and risks or losses of damage to the
goods must be borne by the buyer. Under the terms of the FOB term, the seller is
responsible for customs clearance of the goods for export. This term can be used
only during the transportation of goods by sea or inland water transport.

EXW

According to EXW regulations, the seller provides the products at his warehouse
or at any other specified location. The seller is obliged to inform the buyer about
the readiness of the products for shipment. The customer assumes the necessary
costs and risks associated with transportation from the place of stay to the
destination. In Incoterms 2020 EXW, the transfer of ownership is scheduled for the
actual sending of the notification to the customer. After notification, the shipper
can pick up the cargo for further delivery. Even the fact of loading at the supplier's
warehouse is no longer his risk. And if an emergency occurs at the time of loading
the car, it will be the customer's problem.

FAS

FAS (Free Alongside Ship) terms of delivery refer to the rules that govern the
carriage of goods by water. FAS

According to FAS, risks and obligations pass from the buyer to the seller when the
goods are unloaded at the barge or berth in the named port.The implication is that
delivery to the supplier is complete when the goods are at the berth for loading
onto the consignee's chartered vessel. FAS is intended only for the transportation
of goods by sea or inland waterways. The supplier pays the export duty, packaging
of the goods and transportation of the cargo to the port, as well as possible costs of
arrival at the port and provides the relevant documentation. The consignee loads
the cargo onto the ship, hires and pays for the ship, bears all costs of transporting
the cargo to the destination, insures the cargo, pays import duties, relevant
certificates, licenses, etc. FAS is intended for the transportation of cargo in bulk or
in containers, as well as for the transportation of heavy equipment.

3. Find in the Unified Register of Court Decisions a decision on challenging

property rights in a case with a foreign element, make a presentation of it.

4. Make a list of cases considered by the International Center for Settlement

of Investment Disputes, where Ukraine was the respondent.

1. CTF Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/35)

Subject of Dispute: Beverage production enterprises

Instrument(s) Invoked: (i) BIT Belgium-Luxembourg - Ukraine 1996

Applicable Rules: ICSID Convention - Arbitration Rules

Claimant(s)/Nationality(ies): (i) CTF Holdings S.A. (Luxembourg)

Respondent(s):Ukraine (Ukrainian) Status of Proceeding:

Latest Development: October 5, 2024 - Following appointment by the Claimant,

Gourab Banerji (Indian) accepts his appointment as arbitrator.

2. Philip Morris International Inc. and others v. Ukraine (ICSID Case No.
ARB/21/3)

Subject of Dispute: Tobacco industry

Applicable Rules: ICSID Convention - Arbitration Rules

Claimant(s)/Nationality(ies): (i) Philip Morris International Inc. (U.S.), Philip

Morris Global Brands Inc. (U.S.), Philip Morris Brands Sàrl (Swiss), Orecla Sarl
(Swiss), Philip Morris Products S.A. (Swiss), Philip Morris S.A. (Swiss), Philip
Morris Ukraine Private JSC (Ukrainian), Philip Morris Sales and Distribution LLC
(Ukrainian)

Respondent(s): Ukraine (Ukrainian)

Date Registered: January 20, 2021

Arbitrators: Peter REES (British) - Appointed by the Claimant(s)

Brigitte STERN (French) - Appointed by the Respondent(s)

Outcome of Proceeding: January 28, 2022 - The Tribunal issues a procedural order
taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration
Rule 44.

3. Western NIS Enterprise Fund v. Ukraine (ICSID Case No. ARB/04/2)

Subject of Dispute: Sunflower oil joint venture

Applicable Rules: ICSID Convention - Arbitration Rules

Arbitrators: Jan PAULSSON (French) - Appointed by the Respondent(s)

Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Outcome of Proceeding: Settlement agreed by the parties and proceeding
discontinued at their request (Order taking note of the discontinuance issued by the
Tribunal on June 1, 2006 pursuant to Arbitration Rule 43(1)).