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8 Property

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Subject(s):
Administration of estates — Immovables — Matrimonial property — Assignment of intangible movables — Transfer of movables — Succession — Trusts

This chapter deals with the conflict of laws rules for property and for various kinds of transaction concerning property. The point of departure is to identify the various types of property recognised by the conflict of laws: immovable (for which the common law also has distinctive jurisdictional rules), tangible moveable, intangible moveable, and intellectual. The conflict of laws rules by which title to such property is determined are then examined, generally as well as in those cases in which there are successive or repeated dealings with the property. Consideration is given to whether ‘new forms of property’ need to be accompanied by specific conflicts rules. The particular issues arising from confiscation or expropriation of property are examined. The private international law of trusts is dealt with in this chapter, as the creation and operation of a trust is in reality a complex, and very particular, example of dealing with property. An account is given of the effect of marriage on property rights, of the effect on property rights, arising before or after the marriage, of a dissolution or annulment of the marriage, and of the private international law of succession to the property of a deceased person.

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