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15 The Right to Property, Foreign Judgments, and Cross-Border Property Disputes

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 December 2022

Family law — Property and title — EU Rules — Traditional rules — Judgments and orders

This chapter focuses on the impact of the right to property on English and EU rules of private international law. The right to property protects rights in land, moveable property, and intellectual property and may be engaged in commercial property transactions, State expropriation, inheritance laws, and the adjustment of property rights in family law proceedings. Article 1P1 has exerted relatively little influence on the development of English private international law. In cases where it might be instrumental, it is often not pleaded at all, and even where it is invoked by counsel, the courts have often shown little enthusiasm for exploring its potential impact. Moreover, there is no mention of the right to property in the preambles to the Brussels I Recast and Brussels II bis Regulations, even though both Regulations have the potential to interfere with an individual’s rights as protected by Article 1P1 and Article 17 CFREU.

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