Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States

Revista Espanola de Derecho Internacional, Vol.74/1, June, 2022

UC Irvine School of Law Research Paper No. 2022-22

29 Pages Posted: 29 Jul 2022

See all articles by Georgina Garriga Suau

Georgina Garriga Suau

University of Barcelona

Christopher A. Whytock

University of California, Irvine, School of Law

Date Written: July 28, 2022

Abstract

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.

Keywords: choice of law, conflict of laws, European Union, Rome I Regulation, Succession Regulation, Matrimonial Property Regulation, Registered Partnership Property Regulation, United States, Restatement, immovables, immovable property, real property

Suggested Citation

Garriga Suau, Georgina and Whytock, Christopher A., Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States (July 28, 2022). Revista Espanola de Derecho Internacional, Vol.74/1, June, 2022, UC Irvine School of Law Research Paper No. 2022-22, Available at SSRN: https://ssrn.com/abstract=4175474

Georgina Garriga Suau

University of Barcelona ( email )

Gran Via de les Corts Catalanes, 585
Barcelona, 08007
Spain

Christopher A. Whytock (Contact Author)

University of California, Irvine, School of Law ( email )

401 East Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States
(949) 824-0496 (Phone)

HOME PAGE: http://www.law.uci.edu

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