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Articles for the keyword(s) "Foreign immovable property"

"Matrimonial Property"

PRH Webb, 1994

The author notes recent cases on matrimonial property and conflict of laws, amongst them Samarawickrema v Samarawickrema [1994] NZFLR 321; (1994)11 FRNZ 502 that dealt with foreign immovable property in terms of the Matrimonial Property Act 1976; and Gilmore v Gilmore [1993] NZFLR 561; (1993) 10 FRNZ 469, an application for stay of proceedings on the basis of forum non conveniens in trans-Tasman proceedings.

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"Matrimonial Property and the Conflict of Laws"

Campbell McLachlan, 1986

The author examines provisions in the Matrimonial Property Act 1976 applicable to conflicts issues upon dissolution of marriage through separation with specific reference to: the international diversity of matrimonial property regimes; the scope of the Act in relation to movable and foreign immovable property; the uncertainty pervading common law conflict rules and their potential applicability to property falling outside the scope of the Act; and ante-nuptial agreements. The article highlights the tension between domestic policies and foreign law in transnational matrimonial property disputes.

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"Judicial Attitudes to Family Property"

Michael Hardie Boys, 1995

In a general discussion of case law dealing with the Matrimonial Property Act 1976, reference is made to the problem of foreign immovable property and section 7(1) of the Act. Considering the disparate judgments in this area of the law, the author concludes that the matter may require further attention.

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“The Court’s In Personam Jurisdiction in Cases Involving Foreign Land”

Jack Wass, 2014

This article considers the primary exception to the Mozambique rule: where a court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the courts personal jurisdiction. The author suggests that within this context the orthodox English approach to questions of jurisdiction is unsatisfactory. It is suggested that modern conflict of laws principles require that English courts apply the proper law of the claim when determining whether there is a sufficient equitable or contractual obligation to invoke the courts’ in personam jurisdiction. It is the author’s view that such an approach coupled with a robust application of the forum non conveniens doctrine will promote comity, consistency and the interests of justice. The author goes on to advocate for the recognition of foreign judgments that give effect to personal obligations in relations to English land