Pendopo AgungThe English common law rules, which apply in most common law jurisdictions, are in outline as follows: the situs of real estate land is where the land is located the situs of bearer instruments and chattels tangible moveable property is where the instrument or chattel is located from time to time the situs of registered instruments is where the register is held the situs of shares is where the share register is The rules for determining situs vary between jurisdictions and can depend on the context. It can be essential to determine the situs of an object, and the lex situs, because there are substantial differences between the laws in different jurisdictions governing, for example: whether property has been transferred effectively; what taxes apply such as inheritance tax, estate tax, wealth tax, income tax and capital gains tax; and whether rules of intestacy or forced heirship apply.
Situs Inversus ComplicationsFor example, real estate in England is subject to English law, real estate in Scotland is subject to Scottish law, and real estate in France is subject to French law. This may be important when determining which laws apply to the property, since the situs of an object determines the lex situs, that is, the law applicable in the jurisdiction where the object is located, which may differ from the lex fori, the law applicable in the jurisdiction where a legal action is brought. In law, the situs pronounced sī'təs atin for position or site of property is where the property is treated as being located for legal purposes.
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