Conflict of Laws
Preliminary matters
Characterisation  · Incidental question
Renvoi  · Choice of law
Conflict of Laws in the U.S.
Public policy  · Hague Conference
Definitional elements
State  · Jurisdiction  · Procedure
Forum non conveniens  · Lex causae
Lex fori  · Forum shopping
Connecting factors
Domicile  · Lex domicilii
Nationality  · Lex patriae
Lex loci arbitri  · Lex situs
Lex loci contractus
Lex loci delicti commissi
Lex loci solutionis  · Proper law
Lex loci celebrationis
Choice of law clause
Forum selection clause
Substantive legal areas
Status  · Capacity  · Contract  · Tort
Marriage  · Nullity  · Divorce
Get divorce  · Talaq divorce
Property  · Succession
Enforcement
Enforcement of foreign judgments

In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. Hence, there are two types of property: Image File history File links SmallLadyJustice. ... Private international law comprises provisions of national law regarding contracts and lawsuits involving foreign laws or jurisdictions. ... In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ... In the Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. ... In Conflict of Laws, renvoi (from the French, meaning send back) is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state. ... Choice of law is a concept within the field of the conflict of laws, relating to relationships between different nations, and in the United States between individual states. ... The choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... The Hague Conference on Private International Law is the preeminent organisation in the area of private international law. ... For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the lex fori, i. ... Forum non conveniens is Latin for inconvenient forum or inappropriate forum. ... The lex causae is the Latin term for law of the case in the Conflict of Laws. ... Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ... Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ... In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ... The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... Nationality is, in English usage, the legal relationship between a person and a country. ... The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which... The lex loci arbitri is the Latin term for law of the place where arbitration is to take place in the Conflict of Laws. ... The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ... The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. ... The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ... The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ... The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ... The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ... A choice of law clause in a contract is one whereby the parties to that contract specify which law (i. ... A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ... Capacity and incapacity are legal terms that refer to the ability of persons to make certain binding dispositions of their rights, such as entering into contracts, making gifts, or writing a valid will. ... In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ... In Conflict of Laws, the choice of law rule for tort is the proper law. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... For the religious process, see Get (divorce document) A get or gett (גט) is the Jewish form of divorce which, when one is available in the state of residence, is supervised by a Beth Din (בית דין), a rabbinical court. ... In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ... In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ... Private international law comprises provisions of national law regarding contracts and lawsuits involving foreign laws or jurisdictions. ... Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... Comity is a term used in international law (and in the law governing relations between U.S. states) to describe an informal principle that nations will extend certain courtesies to other nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. ...

• Immovables is the equivalent of "real property" in common law systems, i.e. it is land or any permanent feature or structure above or below the surface.
• All other property is considered movables, i.e. the equivalent of personal property or personalty in common law systems, and this property is either tangible or intangible, i.e. it is either physical property that can be touched like a computer, or it is an enforceable right like a patent, some other form of intellectual property or a chose in action.

This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive and... A chose in action is an intangible personal property right recognised and protected by the law, which has no existence apart from the recognition given by the law, or which confers no present possession of a tangible object. ...

Choice of law

As societies developed economically, the ownership of and control over land was the major mechanism for accumulating wealth and exercising power. In modern times, there are many new forms of property for people to own and there are many new profitable ways for people to exploit their rights over property. Hence, the declared function of Property Law is to govern how title to property is created and negotiated, and the means available to protect those rights against unjustified interference by non-title holders. The standard choice of law rule is stated to be the application of the lex situs. In England and Wales, Australia, Canada, and the United States this rule derives from British South Africa Co v. Companhia de Moçambique [1893] A.C. 602 in English law, and in the U.S.: Massie v. Watts, 10 U.S. (6 Cranch.) 148 (1810); Clarke v. Clarke, 178 U.S. 186 (1900); and Fall v. Eastin, 215 U.S. 1 (1909) which hold that courts have no jurisdiction to hear any lawsuit to determine the title to, the right to possession of, or the recovery of damages for trespass to any immovable property located outside their territorial jurisdiction. ... Choice of law is a concept within the field of the conflict of laws, relating to relationships between different nations, and in the United States between individual states. ... The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ... English law is the law of England and Wales, rather than Scotland and Northern Ireland. ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ...

But this simple proposition requires considerable caution given that this topic is lacking modern development (all the major source cases are quite old) and there is substantial overlap with contracts by which rights in or over property may be created and/or transferred, the various systems of Equity which, through the law of trusts, control the extent to which non-title holders may have an interest in property, succession which regulates inheritance, and tort by which unlawful interferences with property may be defended. Hence, questions of jurisdiction and the scope of remedies available and capable of being enforced have become confused. In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ... This article is about concept of equity in Anglo-American jurisprudence. ... For trusts in senses other than the legal sense, see trust; for the law of trusts in the USA see Trust (Law) USA. A trust is the legal term for a situation where one person, known as a trustee, holds assets for the benefit of another person, known as a... In Conflict of Laws, the choice of law rule for tort is the proper law. ... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... A remedy is the solution or amelioration of a problem or difficulty. ... In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ...

The problems in determining the relevant rules

All developed states recognise the significance of some types of property and specify formal requirements for any dealings, provide title registration systems so that ownership can be verified, and impose minimum levels of status and capacity for enjoying the privileges of ownership. For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ... Capacity and incapacity are legal terms that refer to the ability of persons to make certain binding dispositions of their rights, such as entering into contracts, making gifts, or writing a valid will. ...

Land

In the case of land, the lex situs provides the regulatory system for all transactions affecting land within state boundaries and the application of this rule has the virtue of easy application and predictability of outcome. It is also most likely to be the forum conveniens with the fewest problems in gaining the enforcement of any judgment. Thus, in tort cases involving land, most lex loci delicti commissi rules select the lex situs as the lex causae. Forum shopping has been bringing major cases outside the forum of the situs, e.g. actions in the U.S. relating to the accident at the Union Carbide plant at Bhopal, India, and in Australia relating to the pollution of the Fly River system in Papua New Guinea by the Broken Hill Proprietary Company Ltd. While the lex situs rule has prevailed, it is noted that the Compensation (Prohibition of Foreign Legal Proceedings) Act 1995 enacted in P.N.G. made it unlawful to make out-of-state claims for compensation. Although this was not a relevant factor in the Australian decision, it is indicative of a potential problem in the manipulation of situs laws by powerful multinational corporations. There may also be problems if states adopt policies of nationalisation or expropriation with less than full compensation and seek to seize property belonging to "foreign" owners. As an aspect of sovereignty, such laws would be effective within the territory of the legislating state, but see the case law in public policy which empowers the forum courts to refuse extraterritorial effect to such laws. Forum non conveniens is Latin for inconvenient forum or inappropriate forum. ... A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following legal proceedings. ... The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ... Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ... Union Carbide of South Charleston, West Virginia is a chemical manufacturer, now a subsidiary of The Dow Chemical Company. ... Bhopāl (भोपाल) is a city in central India. ... Nationalization is the act of taking assets into state ownership. ... In law, eminent domain is the power of the state to appropriate private property for its own use without the owners consent. ... Sovereignty is the exclusive right to exercise supreme authority over a geographic region, group of people or oneself. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...

In contractual or exchange-based relationships, a judgment cannot be made that would be inconsistent with the lex situs. But equitable issues are less clear since they are in personam rather than in rem, i.e. they affect the conscience of the parties and may therefore offer remedies that do not match the lex situs. For example, it may be alleged that a trustee of land held in several states has breached his fiduciary duty to the beneficiaries. That any order of the forum court might not match the scope of remedies available under the lex situs cannot prevent the equitable jurisdiction from ordering the trustee to comply. In personam (in purr-soh-nam) from Latin for directed toward a particular person. ... Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem. ... The word trustee is a legal term that refers to a holder of property on behalf of some other beneficiary. ... A fiduciary is a person who occupies a position of trust in relation to someone else such that he is required to act for the latters benefit within the scope of that relationship. ...

Tangible movables

In the case of tangible movable property, the choice of a rule is less clear cut because the situs may change and so may be subject to manipulation by the interested parties (see the potential problem of evasion). By way of example: In law, the Doctrine of Evasion is a fundamental public policy. ...

• a husband wishes to evade the operation of community property rules. A wide range of property has been acquired from many different states both before and during the marriage. The husband moves all portable objects to, and establishes a habitual residence in, a jurisdiction that does not enforce community property rules; or
• a company owns an aircraft which routinely flies between several states. It is maintained in different locations and may be stored wherever the company directs when not in use.

Seeking to apply the lex situs at the time of acquisition may not be helpful. This could be fortuitous, e.g. the buyer happened to be there when the goods were identified or the best price among many was offered in this state. Further, not everyone considers their legal situation when acquiring even expensive assets so applying the initial lex situs may be artificial and ignore the relevance of other laws. Thus, in the first example, the relevant matrimonial property laws or lex domicilii, lex patriae or law of habitual residence of the new spouses might have an effect at the time of marriage to vary rights whether as vested rights or in subsequently acquired property. Or the lex fori of the court in which the title to the property is subsequently litigated may be the situs at the time the proceedings were commenced. Husband may refer to: the male spouse in a marriage a husband pillow. ... Community property is a marital property regime that originated in civil law jurisdictions, and is now also found in some common law jurisdictions. ... This article does not cite its references or sources. ... The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which... Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ...

In the second example, the law of incorporation (the lex incorporationis) may affect the nature of the interest that the company might have in the property and impose limits on what might be done with assets, but the business decision to locate in this state might have been dictated by the friendliness of the taxation regime or aspects of their corporate governance system, and its laws may have little relevance to the particular transactions in dispute. In this case, a rule referring to the law of the place of business at the time the transaction might be best so that those dealing with international business entities have an easily identified law by which to judge their rights. The examples and perspective in this article do not represent a worldwide view. ... Corporate governance is the set of processes, customs, policies, laws and institutions affecting the way a corporation is directed, administered or controlled. ... The term business entity refers generally to any organization engaged in business activities, regardless of legal structure. ...

Choses in action

Intellectual property rights are usually capable of being protected through some form of public registration system and therefore the law of the place of registration is an adequate rule for most purposes. In some states, copyright comes into existence through the act of investing labour in the process of creation and registration is not a precondition to validity. If the relevant state has no registration system, the place of creation will be appropriate subject to the obvious problem of proving what was created. The whole purpose of this branch of the law is to create monopolies for the commercial exploitation of creativity. Hence, the situs state and its courts have a direct economic and public policy interest in protecting the local monopoly rights in the relevant ideas by refusing recognition to any other state's registered monopoly rights, i.e. the registration process creates territorial rights co-extensive with the boundaries of each state and, as with criminal laws, there is no extraterritorial enforcement because this would breach sovereignty. Intellectual property or IP refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ... Copyright symbol. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ...

The situs of shares will be either the lex incorporationis or the law of the place(s) where a share register is maintained which may vary if the company is traded on stock exchanges in several different states. All other forms of chose will derive their existence from some form of contract and therefore the proper law will apply in the usual way. In finance a share is a unit of account for various financial instruments including stocks, mutual funds, limited partnerships, and REITs. ... The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ...