The first 2020 edition of the traditional and acknowledged Czech professional periodical Obchodní právo (Commercial Law) published by Wolters Kluwer ČR, a.s. included an article by Professor Alexander J. Bělohlávek “Protection of rights in rem held by creditors and third parties under EU insolvency law”.
The opening of insolvency proceedings shall not affect the rights in rem of creditors or third parties in respect of tangible or intangible, moveable or immoveable assets, both specific assets and collections of indefinite assets as a whole which change from time to time, belonging to the debtor which are situated within the territory of another EU Member State at the time of the opening of insolvency proceedings. This Rule provided in Article 8 Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings is a special rule to the general rules contained in the Article 7, resp. Article 34 of the same Regulation (EU). Its Aim is to protect the good faith of creditors or third parties who can be distadvantaged for instance due to the change of COMI (Centre of Main Interest) of the debtor. The Regulation (EU) 2015/848 does not contain any definition of rights in rem. Rights in rem have to be qualified mainly pursuant to the situs, or pursuant to the law of the country, where the rights in rem cause their legal effects.