Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and the best source of applicable law.
Civil Procedure | Jurisdiction | Law | Law and Economics | Litigation | Property Law and Real Estate
Date of this Version
Daniel M. Klerman, "Jurisdiction, Choice of Law and Property" (January 2016). University of Southern California Legal Studies Working Paper Series. Working Paper 112.