Subjects:

Conflict of Laws, Property Law

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

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.

• A detailed and modern examination of the choice of law rules in inter vivos transfers of property Analyses relevant principles under both English and Scottish law
• Covers an area of current interest and topicality, including cultural property and indirectly held securities
• Offers balanced solutions to complex problems arising in choice of law rules related to property