Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States

In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae. However, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule, exploring the reasons for and the challenges posed by this trend.

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The Institute in the Courts: Supreme Court of Nevada Adopts Sections of Restatement of the Law Third, Property (Servitudes)

Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues concerning an association’s authority to enact rules regarding the restriction of individually owned property.”

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The Flow of Projects

This Director’s Letter was originally published in the summer 2022 edition of The ALI Reporter. The American Law Institute is defined by its substantive work, principally its Restatements of the Law, its Principles of the Law, and its Model or Uniform Codes. I thought that it would be informative to provide a sense of the flow of our projects during that time. What new projects did we undertake? What projects did we complete? How much are we accomplishing? What is next on the horizon?

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