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dc.contributor.authorSinger, Joseph William
dc.date.accessioned2018-02-08T21:08:06Z
dc.date.issued2014
dc.identifier.citationJoseph William Singer, Property Law Conflicts, 54 Washburn L. J. 139 (2014).en_US
dc.identifier.issn0043-0420en_US
dc.identifier.urihttp://nrs.harvard.edu/urn-3:HUL.InstRepos:34816657
dc.description.abstractWhat law applies to real property? At one time the answer to this question was simple: the law of the situs. But then the choice-of-law revolution came and legal scholars began to see reasons to depart from the situs law rule. As interest analysis and the most-significant-relationship test developed, legal theorists undermined the logical and normative basis for such a simple solution to the choice-of-law problem. In recent years, however, the situs rule has been rehabilitated and increasingly defended by some scholars while others have continued to subject it to criticism. And in fact, the rule was never dislodged in practice and it remained the presumptive rule in the Second Restatement of Conflict of Laws. Even today, courts generally apply situs law to real property issues, although important exceptions have developed over time and some brave judges have deviated from the rule in certain classes of cases. Rather than argue for or against the rule, this article explains the difference between the false conflicts cases where only one state has a legitimate interest in applying its law and the true conflicts cases where two (or more) states have such interests. That analysis shows cases under which situs law clearly should and clearly should not apply, as well as the true conflict cases that are hard because they present value conflicts generating good reasons both for application of situs law and for deviating from it. Those hard cases are of four types: (a) conflicts between situs law and the law of the domicile of one of the parties; (b) conflicts between situs law and the place where a contractual relationship is centered; (c) nuisance-type cases where the conduct is in one state and the injury is in another; and (d) the special case of federal Indian law which involves the paradoxical case of overlapping situses. The article concludes by addressing the renvoi problem. Real property law has traditionally required application of renvoi for issues involving title to real property. This article explains the reasons why that is so and why those reasons are less powerful than we may have thought.en_US
dc.language.isoen_USen_US
dc.publisherWashburn University of Topekaen_US
dc.relation.isversionofhttp://contentdm.washburnlaw.edu/cdm/ref/collection/wlj/id/6477en_US
dc.relation.hasversionhttp://ssrn.com/abstract=2553918en_US
dash.licenseLAA
dc.titleProperty Law Conflictsen_US
dc.typeJournal Articleen_US
dc.description.versionVersion of Recorden_US
dc.relation.journalWashburn Law Journalen_US
dash.depositing.authorSinger, Joseph William
dc.date.available2018-02-08T21:08:06Z
workflow.legacycommentsSinger holds copyrighten_US
dash.contributor.affiliatedSinger, Joseph


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