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Template:Lex situs and abwos: Difference between revisions
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Amwelladmin (talk | contribs) (Created page with "===Lex situs for a chose in action like an assignment by way of security=== Where the thing you are taking security over is a disembodied legal right — a “ch...") |
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=== | ===Lex situs for a chose in action like an assignment by way of security=== | ||
Where the thing you are taking security over is a disembodied legal right — a “[[chose in action]]” and not a “[[chose in possession]]” — then what is the lex situs, seeing as this thing floats free of the ghastly, rusting mortal world of territorial boundaries? It is a Platonic right, and ethereal, idealised, utopian thing and as such as stateless, existing as it does on another plane, in another geometry, that that of tawdry earthly things like regulatory perimeters. | Where the thing you are taking security over is a disembodied legal right — a “[[chose in action]]” and not a “[[chose in possession]]” — then what is the lex situs, seeing as this thing floats free of the ghastly, rusting mortal world of territorial boundaries? It is a Platonic right, and ethereal, idealised, utopian thing and as such as stateless, existing as it does on another plane, in another geometry, that that of tawdry earthly things like regulatory perimeters. | ||
Here the ''lex situs'' is — in the absence of any other worldly place for it — the governing law of the right being assigned. | Here the ''lex situs'' is — in the absence of any other worldly place for it — the governing law of the right being assigned. | ||