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"Stolen Property in the Conflict of Laws"

In a discussion of the decision in Winkworth v Christie, Manson & Woods Ltd [1980] 1All ER 1121, the author questions the commitment of Anglo-Common law to the lex situs as the primary legal system governing transfer of movables and its effect on proprietary rights. In view of the different results that this may produce in relation to stolen goods, depending on whether the lex situs adheres to the nemo dat quod non habet principle or not, it is suggested that a distinction could be drawn, for instance, between consensual transactions (where the original owner is party to the transfer) and claims to over-reaching interests (where the original owner is not involved).

Author
DW Rowe
Published in
Canterbury Law Review
Year
1980
Volume
1
Pages
71-82

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