Property, Corporations, Family Law

Question 1

What determines the choice of law for immovable property?

Answer 1

Generally governed by the law of the situs

Important 2d Principles - (a) justified expectation of parties, (b) presumption in favor of law of situs

Question 2

What determines the choice of law for tangible movable property?

Answer 2

1. Most issues governed by UCC

2. If UCC not applicable, then either (a) where property located or (b) guiding principles

Question 3

What determines the choice of law for intangible movable property?

Answer 3

1. Apply law where intangible was created (1d)

2. Look at 7 guiding principles (2d)

Question 4

What determines the choice of law for internal corporate affairs?

Answer 4

Governed by law of incorporation

Question 5

What determines the choice of law for external corporate affairs?

Answer 5

1. Corporation treated like a natural person

2. Place of incorporation and principal place of business are relevant

Question 6

What state law applies for validity of marriage under the traditional approach?

Answer 6

1. Validity governed by where marriage was celebrated

2. Exception - marriage violate strong public policy in domicile of either party - court MAY refuse recognize

Question 7

What state law applies for validity of marriage under the 1st restatement?

Answer 7

1. Distinction b/w validity vs incidents of marriage
2. Incidents - determined by law where they’re sought to be exercised
3. State recognize some incidents but not others, or refuse validity but enforce incidents

Question 8

What state law applies for validity of marriage under the 2d restatement?

Answer 8

Marriage valid where celebrated is valid everywhere UNL violates public policy of state w/ most significant relationship with parties at marriage

Question 9

What determines the choice of law for immovable marital property?

Answer 9

Governed by law of state where land is located

Question 10

What determines the choice of law for movable marital property?

Answer 10

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

Question 11

What state’s law is applied for determining the validity of a decedent’s will or intestate succession for personal property?

Answer 11

The law of the deceased’s domicile at the time of death

Question 12

What state’s law is applied for determining the validity of a decedent’s will or intestate succession for real property?

Answer 12

The law of the situs