MOVABLE & IMMOVABLE

In Private International Law, the treatment of movable and immovable property is governed by distinct connecting principles. Immovable property, such as land and buildings, is universally governed by the law of the place where the property is situated (lex situs), which determines issues of ownership, transfer, registration, succession, and enforcement, since immovables are closely tied to the sovereignty and legal order of the State where they exist. By contrast, movable property such as chattels and personal property, is more flexible: inter vivos transfers are generally governed by the law of the situs at the time of transfer, while succession to movables is often governed by the law of the deceased’s domicile at the time of death (lex domicilii). Modern developments also distinguish between tangible movables (like goods) and intangible movables (like shares or debts), with rules sometimes referring to the law of the place of incorporation or the place where the debt is recoverable. While the sharp division between movable and immovable property ensures certainty, exceptions exist, particularly where public policy or mandatory rules of the forum require a different outcome.

SUCCESSION

Succession refers to the rules governing the transfer of a person’s estate after death, and it raises complex issues where the deceased had assets in more than one jurisdiction. A fundamental distinction is drawn between immovable property and movable property: succession to immovables is governed by the law of the place where the property is situated (lex situs), while succession to movables is usually governed by the law of the deceased’s domicile at the time of death (lex domicilii). This means, for example, that land in France will devolve according to French law, while bank accounts or shares may follow the law of the deceased’s domicile. Many systems also differentiate between testate succession (under a will) and intestate succession (without a will), with questions of formal validity of wills often determined by the law of the place of execution (locus regit actum), whereas material validity depends on the applicable succession law. Modern instruments such as the EU Succession Regulation (Brussels IV, 2012) allow individuals to choose the law of their nationality to govern succession, thereby strengthening party autonomy. In India, the Indian Succession Act, 1925 applies to intestate and testamentary succession for certain communities, while the principles of PIL ensure that foreign immovables are governed by lex situs and movables by the law of domicile. Public policy exceptions remain applicable, particularly in cases involving discriminatory succession rules or restrictions contrary to the forum’s legal standards.

ADMINISTRATION OF ESTATE

In Private International Law, administration of estate refers to the process of collecting, managing, and distributing the assets of a deceased person, particularly when the estate includes property situated in different jurisdictions. The general rule is that immovable property is administered according to the law of the country where it is situated (lex situs), since sovereignty over land is territorially bound. By contrast, movable property is administered according to the law of the deceased’s domicile at the time of death (lex domicilii). Courts of the forum usually require the appointment of a personal representative (executor or administrator), and recognition of foreign grants of probate or letters of administration depends on principles of comity and domestic statutes. Some jurisdictions permit ancillary probate, where a foreign executor must obtain local authority to deal with assets within that territory. Issues of formal validity of wills may be recognised if they comply with the law of the place of execution (locus regit actum), but the material validity of dispositions is tested against the applicable succession law. International conventions, like the Hague Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions (1961), seek to reduce uncertainty by recognising wills valid under any of several connecting laws. In India, the Indian Succession Act, 1925 governs administration, while recognition of foreign probate is subject to the Code of Civil Procedure, 1908 and reciprocity principles.

LAW OF WILL

In Private International Law, the law of wills deals with which legal system governs the validity, interpretation, and effect of a will when the testator has connections with more than one country. Generally, the distinction is made between movable property and immovable property: succession to movable property is governed by the law of the deceased’s domicile (or nationality in civil law systems) at the time of death, while succession to immovable property is governed by the lex situs,that is, the law of the country where the property is located. The validity of a will can be considered under two heads- formal validity (whether the will was executed in accordance with required procedures, such as signatures and witnesses) and material validity (whether the testator had capacity and freedom to make the dispositions). Many jurisdictions, influenced by the Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, 1961, adopt a flexible approach, recognizing a will as formally valid if it complies with the law of the place where it was executed, the testator’s nationality, domicile, or habitual residence. This flexibility ensures that wills are not easily invalidated due to technicalities. Ultimately, the law of wills in Private International Law balances respect for the testator’s intentions with the sovereign authority of states over property and succession within their jurisdiction.

TANGIBLE AND INTANGIBLE MOVABLES

In Private International Law, movable property is divided into tangible movables and intangible movables, with different rules governing their transfer and succession. Tangible movables are physical objects like goods, vehicles, or money, and are usually governed by the lex situs, that is, the law of the place where the property is located at the relevant time. For example, if personal belongings are situated in France, French law will generally determine their transfer or succession, even if the owner was domiciled elsewhere. Intangible movables, on the other hand, include rights and interests that do not have a physical form, such as debts, shares, intellectual property, or bank accounts. These are generally governed either by the law of the debtor’s domicile (for debts) or by the law of incorporation (for shares), depending on the nature of the intangible right. In matters of succession, however, most legal systems apply the law of the deceased’s domicile or nationality to movables as a whole, whether tangible or intangible, thereby ensuring consistency in the distribution of personal estate across borders.

TRUSTS

In Private International Law, trusts present unique challenges because they are a concept developed primarily in common law systems and are not traditionally recognized in many civil law jurisdictions. A trust involves a legal relationship where a trustee holds property for the benefit of beneficiaries, creating a split between legal and equitable ownership. The main conflict of laws issues concerning trusts are their recognition, validity, and administration when they have cross-border elements. Generally, the validity of a trust and the powers of the trustee are governed by the law chosen by the settlor (the person creating the trust); if no choice is made, the law most closely connected to the trust applies. The Hague Convention on the Law Applicable to Trusts and on their Recognition, 1985 provides international guidance, requiring member states to recognize trusts created under a chosen governing law, even if the concept of trust is unfamiliar in their domestic legal system. In practice, the administration of immovable property held in trust is subject to the lex situs (law of the place where the property is located), while movable property and trust obligations often follow the law governing the trust instrument. Thus, trusts in Private International Law highlights the tension between common law and civil law traditions, while also demonstrating the role of international conventions in bridging these differences.

RELEVANT JUDGMENTS

Several important judgments have shaped the treatment of property in Private International Law by clarifying which legal system governs ownership, transfer, and succession. In British South Africa Co. vs. Companhia de Moçambique (1893), the House of Lords held that disputes concerning title to foreign immovable property must be decided according to the lex situs, that is, the law of the place where the property is situated. The Hon’ble Supreme Court of India in Smt. Satya v. Teja Singh (1975) also emphasized that recognition of foreign judgments involving property or matrimonial disputes is subject to Indian public policy, showing how domestic principles limit foreign law. Additionally, international instruments like the Hague Convention on the Law Applicable to Trusts (1985) and cases such as Re Annesley (1926) illustrate the challenges of applying common law concepts like trusts or succession rules in cross-border property disputes. Collectively, these judgments underscore the central role of lex situs for immovable property, domicile or nationality for movables, and the overarching role of public policy in determining recognition and enforcement.