Below is the abstract for “Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States,” available for download on SSRN.

In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae —that is, the law of the State where the immovable is located. However, through a comparative examination of recent EU Regulations on succession, matrimonial property regimes, and the property consequences of registered partnerships, and of the new Third Restatement of Conflict of Laws project in the United States, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule. It explores both the reasons for and the challenges posed by this trend. It also reveals that despite this trend, the lex rei sitae rule nevertheless persists in relation to certain “core” immovable property issues.

Georgina Garriga Suau

University of Barcelona

Georgina Garriga Suau is an Associate Professor of Private International Law at the University of Barcelona.

Christopher A. Whytock

Associate Reporter, Conflict of Laws

Christopher Whytock is Professor of Law and Political Science at the University of California, Irvine, and a faculty affiliate and member of the advisory board of the UCI Center in Law, Society and Culture. His research focuses on transnational litigation, conflict of laws, international law, and the role of domestic law and domestic courts in global governance.


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