Property, corporations, family law

Question 1

Immovable property

Answer 1

Land and interest in land

Under all three approaches, governed by law of where property is located

2R: requires evaluating 7 principles, with most important being JUSTIFIED EXPECTATIONS of parties

Question 2

Is renvoi accepted for immovable property?

Answer 2

YES, this is rare exception, and whole law of situs state applies

Question 3

Tangible movable property

Answer 3

Usually governed by UCC, which allows parties to choose law

If UCC does not apply, 1R and 2R require law of state where property was at time of TRANSACTION

Still consider 7 guiding principles under 2R

Question 4

Intangible moveable property

Answer 4

E.g. stocks and bonds

1R: apply law of state where property was created

2R: look to 7 guiding factors

Question 5

Immoveable property at death

Answer 5

1R and 2R: governed by law of situs

Question 6

Moveable property at death

Answer 6

1R and 2R: governed by law of decedent’s domicile at time of death

Question 7

Property at death exceptions

Answer 7

1) Many state will enforce choice-of-law clause in will or trust

2) if will or trust valid in place where it was made, courts will usually find valid (preference for validity)

Question 8

Corporations: internal affairs

Answer 8

Concerning rights and obligations of participants in venture

Governed by law of state of incorporation

Question 9

Corporations: external affairs

Answer 9

Concerning transactions with third parties outside corporation

Corporation treated like NATURAL PERSON

2R contacts: incorporation and PPOB might be relevant

Question 10

Traditional 1R approach: marriage

Answer 10

Validity governed by location of marriage ceremony

EXCEPTION: court MAY refuse if public policy violation

Question 11

Traditional 1R approach: incidents vs. validity of marriage

Answer 11

Incidents of marriage: rights that come from marital status, determined by law of where they are SOUGHT TO BE EXERCISED

Courts may recognize some incidents but not all, Or refuse validity but still allow incidents

Question 12

2R approach: marriage

Answer 12

A marriage that is valid where it is celebrated is valid everywhere

UNLESS violates public policy of state with most significant relationship to couple at time of marriage

Question 13

Immovable marital property

Answer 13

Governed by law of situs

Question 14

Moveable marital property

Answer 14

Governed by law of state where couple was domiciled at time of acquisition

Question 15

What happens to community property when moved to non-community state?

Answer 15

IT REMAINS community property

Question 16

If marital funds used to acquire property in another state, what character will acquired property have?

Answer 16

the SAME as the funds/property used to obtain

Question 17

For secured transaction, which state’s laws govern perfection/priority?

Answer 17

The laws in the state where DEBTOR IS LOCATED

Question 18

Premarital agreements

Answer 18

SPLIT among jdx

Most states: law of state with most significant relationship

Minority jdx: law of state in which premarital agreement was executed

Question 19

When a decedent dies in State A and property is located in state B, which state’s choice-of-law will govern the distribution of the property?

Answer 19

the SITUS STATE