ABSTRACT
This paper aims at evaluating the law of transfer of property in conflict of laws. This entails the discussing the categorization of property generally applicable in law and the position that Courts of competent jurisdiction will take in deciding cases of transfer of property in event of conflict of laws. In order to achieve the aim of this paper, doctrinal methodology is applied. By using doctrinal methodology, the researcher is able to rely on sources not limited to statutes, judicial precedents and other existing literatures not limited to textbooks, articles and other relevant materials. This implies that the paper will not using any directly primarily sourced data. This paper finds that where the property under consideration is a movable property, the lex domicilii of the deceased in case of succession will be the applicable law and in the case of succession on an immovable property is the lex situs. Furthermore, the paper finds that in the case of transaction inter vivos; the applicable law will be the lex situs, however, the property under consideration will be immovable property. This study is significant and makes important contributions to knowledge and practice as it adds to the list of limited literatures on transfer of property in conflict of laws while juxtaposing the findings in literatures with some locus classicus as well as recent judicial cases.
Ezeh, Gabriel Chigozie, Law and Practice of Transfer of Property in Conflict of Laws (December 21, 2022).
Leave a Reply