The Transfer of Property in the Conflict of Laws
Choice of Law Rules in Inter Vivos Transfers of Property
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 October 2005
- ISBN 9780199271474
- Binding Hardback
- No. of pages388 pages
- Size 242x163x27 mm
- Weight 711 g
- Language English
- Illustrations numerous line drawings 0
Categories
Short description:
This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property (including the special case of cultural property), and intangible movable property (including indirectly held securities).
The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict of laws.
Long description:
This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property (including the special case of cultural property), and intangible movable property (including indirectly held securities).
The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict of laws.
Table of Contents:
Introduction
The distinction between movable and immovable property
The transfer of immovable property
The transfer of tangible movable property
The contract/conveyance borderland
The treatment of cultural property
The assignment of intangible movable property
The treatment of securities held with an intermediary
The 'situs' rule - for and against
Framing an alternative choice of law rule
Model 1: The Draft Convention on the Law Applicable to the Transfer of Property
Model 2: The Transfer of Property (Applicable Law) Bill
Diagrammatic appendices illustrating sections in Models 1 and 2
