The Transfer Of Property In The Conflict Of Laws: Choice Of Law Rules In Inter Vivos Transfers Of…

Hardcover | March 20, 2006

byJaneen M. Carruthers

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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 oflaws.

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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), an...

Dr Janeen Carruthers was previously a solicitor, and is now Lecturer in Law at the University of Glasgow.

other books by Janeen M. Carruthers

Format:HardcoverDimensions:392 pages, 9.21 × 6.14 × 1.06 inPublished:March 20, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019927147X

ISBN - 13:9780199271474

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Table of Contents

Introduction1. The distinction between movable and immovable property2. The transfer of immovable property3. The transfer of tangible movable property4. The contract/conveyance borderland5. The treatment of cultural property6. The assignment of intangible movable property7. The treatment of securities held with an intermediary8. The 'situs' rule - for and against9. Framing an alternative choice of law ruleModel 1: The Draft Convention on the Law Applicable to the Transfer of PropertyModel 2: The Transfer of Property (Applicable Law) BillDiagrammatic appendices illustrating sections in Models 1 and 2