International Private Law - Lecture 9 - Choice of Law for Property and Succession
8 views 0 purchase
Course
International Private Law (LAW10118)
Institution
Edinburgh Napier University (ENU)
Book
International Private Law
Lecture notes for the International Private Law module linked to E B Crawford and J M Carruthers, International Private Law in Scotland book. Author achieved a first-class grade for the module.
International Private Law - Lecture 3 - Choice of Law for Contractual Obligations
International Private Law - Lecture 7 - Recognition and Enforcement of Foreign Divorces and Dissolution of Civil Partnerships
International Private Law - Lecture 6 - Divorce Jurisdiction and Choice of Law Rules
All for this textbook (11)
Written for
Edinburgh Napier University (ENU)
Unknown
International Private Law (LAW10118)
All documents for this subject (12)
Seller
Follow
FirstClassLawEssentials
Content preview
Topic 9: Choice of Law Rules for Property and Succession
Property
▪ IPL purposes: classification as moveable or immoveable, determined by IPL rules of lex situs
▪ Choice of Law rule for immoveable property: lex situs
▪ Choice of Law rule for moveable property: determined through operation of certain
connecting factors
▪ Re Hoyles (1911)
“our international comity and in order to arrive at a common basis on which to determine questions
between the inhabitants of two countries living under different systems of jurisprudence, our Courts
recognise and act on a division otherwise unknown to our law into movable and immovable.”
▪ MacDonald v MacDonald (1932)
Immoveable Property
▪ Jurisdiction: if civil and commercial matter, Brussels Ibis Article 24(1): no longer applies
remember. So, revert to Rule 2(h) or (k) of Schedule 8 to 1982 Act
▪ Choice of Law: lex situs
▪ Capacity: lex situs
▪ Ogillvy, Black, Bank of Africa
▪ Capacity of foreign trustees to dispose of or create security over heritable property
in Scotland: Allans Trustees and Trusts (Scotland) Act 1921 s.4 (Scottish trustees
only); Pender; Harris’ Trustees; Prudential Assurance Co.
▪ Formalities generally: law applicable which is connected to the making of the contract: Rome
I Regulation Article 11 and 11(5) or common law if not in scope of Rome I Regulation:
Hamilton v Wakefield
▪ Formal validity of conveyance of land: lex situs applies. Adams v Clutterbuck. Practical
example: Lorna’s house sale in Leicestershire, sale contract to meet formal requirements of
English law.
▪ Essential validity generally: applicable law and conformity with lex situs eg Carse v Coppen
Moveable Property
▪ Former rule: transfer of moveable property subject to law of domicile of owner NOW
ABANDONED per Bank voor Handel case
▪ Favoured rule: law where property is situated – justified or an over-simplified rule?
▪ Can sub-divide choice of law rule for corporeal and incorporeal moveable property
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller FirstClassLawEssentials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R116,57. You're not tied to anything after your purchase.
