Jurisdiction, Choice of Law and Property

In Law and Economics of Possession, Yun-chien Chang, ed. (Cambridge University Press, 2015)

USC CLASS Research Paper No. CLASS14-16

USC Law Legal Studies Paper No. 14-17

22 Pages Posted: 9 Apr 2014 Last revised: 5 Jan 2016

See all articles by Daniel M. Klerman

Daniel M. Klerman

University of Southern California Gould School of Law

Date Written: January 4, 2016

Abstract

Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and the best source of applicable law.

Keywords: property, choice of law, private international law, water law, stolen art, adverse possession, statutes of limitations

Suggested Citation

Klerman, Daniel M., Jurisdiction, Choice of Law and Property (January 4, 2016). USC CLASS Research Paper No. CLASS14-16; In Law and Economics of Possession, Yun-chien Chang, ed. (Cambridge University Press, 2015); USC CLASS Research Paper No. CLASS14-16; USC Law Legal Studies Paper No. 14-17. Available at SSRN: https://ssrn.com/abstract=2422470

Daniel M. Klerman (Contact Author)

University of Southern California Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-740-7973 (Phone)
213-740-5502 (Fax)

HOME PAGE: http://weblaw.usc.edu/contact/contactInfo.cfm?detailID=227

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