Part VI The Law of Property, 31 The Transfer of Tangible Movables

Subject(s):

Immovables — Matrimonial property — Transfer of movables — Law of the country of domicile

This chapter examines the legal system governing the transfer of tangible movables, with particular emphasis on assignments inter vivos of isolated or individual movables such as gifts and mortgages. The transfer of tangible movables has been one of the most intractable topics in English private international law. A common, albet fallacious, assumption is that all problems must be referred to one single law. This chapter considers the various theories dealing with the question of transfers, including the law of the domicile, the law of the situs, the law of the place of acting, and the proper law of the transfer. It also discusses the modern law governing derivative claims, retention of title clauses, attachment of movables by creditors, goods in transit, gifts, and cultural property. Finally, it addresses the issue of human rights relating to transfers.