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10 Choice of Law for Property

Adeline Chong, Man Yip

From: Singapore Private International Law: Commercial Issues and Practice

Adeline Chong, Yip Man

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

Property and title — Immovables — Matrimonial property — Movables

This chapter discusses the choice of law rules for inter vivos dealings involving proprietary rights, with particular attention being paid to the application of the rules in commercial transactions. It notes how choice of law process begins with the exercise of characterization, which involved distinction between immovables, tangible movables and intangible movables. The insusceptibility of the general choice of law rule (lex situs) to change primarily roots to its deference to the ultimate control which the courts of the situs have over the property and the apparent certainty for all parties concerned. There are, however, signs that the general applicability of this rule may be reconsidered under Singapore law. The chapter also tackles the voluntary assignments of debts and instances of involuntary assignment.

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