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Clarkson & Hill's Conflict of Laws

Clarkson & Hill's Conflict of Laws (5th edn)

Jonathan Hill and Máire Ní Shúilleabháin
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date: 20 August 2022

p. 4719. Propertylocked

p. 4719. Propertylocked

  • Jonathan HillJonathan HillProfessor of Law, University of Bristol

Abstract

This chapter considers the choice of law rules for the transfer of property. The rules are structured round a number of distinctions. First, a distinction has to be drawn between movables and immovables. Immovable property, which comprises land and things attached to or growing on the land, is subject to the control of the authorities where it is situated to a much greater extent than movable property, which can be physically removed from one country to another. As regards movables, a further distinction is drawn between tangibles and intangibles. Secondly, the law distinguishes between cases involving the transfer of property on death and cases where property is transferred inter vivos. Thirdly, transfers which arise as a result of marriage should be distinguished from other types of transfer.

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