Full 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.
Contents
Introduction ; 1. The distinction between movable and immovable property ; 2. The transfer of immovable property ; 3. The transfer of tangible movable property ; 4. The contract/conveyance borderland ; 5. The treatment of cultural property ; 6. The assignment of intangible movable property ; 7. The treatment of securities held with an intermediary ; 8. The 'situs' rule - for and against ; 9. 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
