The Transfer of Property in the Conflict of Laws: Choice of Law Rules in Inter Vivos Transfers of Property...

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Janeen M. Carruthers (Lecturer in Private Law, University of Glasgow)

The Transfer of Property in the Conflict of Laws

Choice of Law Rules in Inter Vivos Transfers of Property

Janeen M. Carruthers (Lecturer in Private Law, University of Glasgow)

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English

Oxford University Press
01 November 2005

Stocks & shares; Private international law & conflict of laws; Commercial law; Property law; Personal property law

Series: Oxford Private International Law Series

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.

By: Janeen M. Carruthers (Lecturer in Private Law University of Glasgow)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 163mm, Spine: 27mm
Weight: 711g
ISBN: 9780199271474
ISBN 10: 019927147X
Series: Oxford Private International Law Series
Pages: 388
Publication Date: 01 November 2005
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

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