The Latin phrase “Mobilia sequuntur personam” refers to the concept that movables follow the person. This principle is applied in international law to establish ownership rights and transfer of movable property based on the laws of the owner’s domicile. In simpler terms, it means that the country where a person resides determines who owns and can transfer their movable assets, such as furniture or vehicles. However, this principle is not universally applied and is restricted to specific situations like marriage settlements, devolutions on death, and bankruptcy.
The Latin phrase “Mobilia sequuntur personam” means that movables follow the person. This means that the rights of ownership and transfer of movable property are determined by the law of the owner’s domicile. For example, if someone owns a car in the United States but moves to Canada, their rights to the car will be determined by Canadian law. Similarly, if someone owns a painting in France but moves to Japan, their rights to the painting will be determined by Japanese law. These examples demonstrate how the principle of mobilia sequuntur personam operates. Regardless of the location of the property, the law of the owner’s domicile determines their rights to movable property.
Mobilia Sequuntur Personam is a Latin phrase that means “movable property follows the person.” It is a legal principle that states that movable property, such as personal belongings, follows the owner wherever they go.
Mobilia Sequuntur Personam is an important principle in property law because it helps to determine ownership of movable property. It means that the owner of the property retains ownership even if the property is moved to a different location.
No, Mobilia Sequuntur Personam only applies to movable property, such as personal belongings, furniture, and vehicles. It does not apply to immovable property, such as land or buildings.
Yes, Mobilia Sequuntur Personam can be overridden by a contract. If the parties agree to transfer ownership of movable property, the principle no longer applies.
If there is a dispute over ownership of movable property, the court will consider the principle of Mobilia Sequuntur Personam. The court will look at the circumstances surrounding the transfer of the property to determine who the rightful owner is.
No, Mobilia Sequuntur Personam does not apply to intellectual property, such as patents, trademarks, and copyrights. These types of property are governed by different laws.
No, Mobilia Sequuntur Personam cannot be used to claim ownership of stolen property. If property is stolen, the rightful owner can still claim ownership even if the property has been moved to a different location.
Yes, Mobilia Sequuntur Personam applies to property owned by a corporation. The principle states that the property follows the owner, regardless of whether the owner is an individual or a corporation.
Yes, Mobilia Sequuntur Personam can be used to claim ownership of abandoned property. If the owner of the property has abandoned it, the principle states that the property follows the person who finds it.
Yes, Mobilia Sequuntur Personam applies to property owned by a trust. The principle states that the property follows the owner, regardless of whether the owner is an individual or a trust.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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