The Transfer of Property in the Conflict of Laws: Choice of Law Rules in Inter Vivos Transfers of Property
Author:   Janeen M. Carruthers (Lecturer in Private Law, University of Glasgow)
Publisher:   Oxford University Press
ISBN:  

9780199271474


Pages:   388
Publication Date:   06 October 2005
Format:   Hardback
Availability:   To order   Availability explained
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The Transfer of Property in the Conflict of Laws: Choice of Law Rules in Inter Vivos Transfers of Property


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Overview

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.

Full Product Details

Author:   Janeen M. Carruthers (Lecturer in Private Law, University of Glasgow)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.70cm , Length: 24.20cm
Weight:   0.711kg
ISBN:  

9780199271474


ISBN 10:   019927147
Pages:   388
Publication Date:   06 October 2005
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of 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

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Author Information

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

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