Conflict of Laws - Analysis of the Case of Re Midleton Settlement
MATRIC NO: 060601109
COURSE TITLE: CONFLICT OF LAWS
COURSE CODE: JIL 421
LECTURER: MRS. AJIBADE
GROUP: 2
TOPIC:
CHOICE OF LAW RULES RELATING TO PROPERTY IN CONFLICT OF LAWS WITH AN EMPHASIS ON THE CASE OF RE MIDLETON’S SETTLEMENT
INTRODUCTION
Conflict of laws involves situations when there is a foreign element in a case. There are three main questions which arise for determination in conflict of laws: choice of jurisdiction, choice of law, and recognition and enforcement of foreign judgment.
This work relates to choice of law rules in conflict of laws as regards property with a special emphasis on the case of Re Midleton’s Settlement.
Before delving into the principles relating to this topic i.e. choice of law rules relating to property, it is very crucial to briefly examine the way in which property is classified for the purposes of the Conflict of Laws. In English domestic law, the leading distinction between proprietary interests in things is the historical and technical distinction between realty and personalty. However under English Conflict of Laws, the leading distinction between things is the more universal and natural distinction between movables and immovables. This distinction is capable of being applied to other systems of law to which the classification between realty and personalty is unknown. This enables the courts to be able to arrive at a common basis on which to determine questions between the inhabitants of two countries living under different systems jurisprudence as stated in the case of Re Hoyles per Farewell J, while immovables are an equivalent of real property that is land or any permanent structure on, above, below or attached to land, while movables are intangible interests, personal property that can be moved.
The approach adopted here will be to go through the facts, the issues, principles and the position of the court, analysis of the principles of the case
COURSE TITLE: CONFLICT OF LAWS
COURSE CODE: JIL 421
LECTURER: MRS. AJIBADE
GROUP: 2
TOPIC:
CHOICE OF LAW RULES RELATING TO PROPERTY IN CONFLICT OF LAWS WITH AN EMPHASIS ON THE CASE OF RE MIDLETON’S SETTLEMENT
INTRODUCTION
Conflict of laws involves situations when there is a foreign element in a case. There are three main questions which arise for determination in conflict of laws: choice of jurisdiction, choice of law, and recognition and enforcement of foreign judgment.
This work relates to choice of law rules in conflict of laws as regards property with a special emphasis on the case of Re Midleton’s Settlement.
Before delving into the principles relating to this topic i.e. choice of law rules relating to property, it is very crucial to briefly examine the way in which property is classified for the purposes of the Conflict of Laws. In English domestic law, the leading distinction between proprietary interests in things is the historical and technical distinction between realty and personalty. However under English Conflict of Laws, the leading distinction between things is the more universal and natural distinction between movables and immovables. This distinction is capable of being applied to other systems of law to which the classification between realty and personalty is unknown. This enables the courts to be able to arrive at a common basis on which to determine questions between the inhabitants of two countries living under different systems jurisprudence as stated in the case of Re Hoyles per Farewell J, while immovables are an equivalent of real property that is land or any permanent structure on, above, below or attached to land, while movables are intangible interests, personal property that can be moved.
The approach adopted here will be to go through the facts, the issues, principles and the position of the court, analysis of the principles of the case