AskDefine | Define situs

User Contributed Dictionary

English

Etymology

Latin situs ("position", "site")

Noun

  1. The position, especially the usual, normal position, of a body part or part of a plant.
  2. The method in which the parts of a plant are arranged.
  3. The location of a property as used for taxation or other legal purposes.

Latin

Noun

situs

Extensive Definition

In law, the situs (pronounced "sī'təs") (Latin for position or site) of property is where the property is treated as being located for legal purposes. 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. For 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.
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.
The rules for determining situs vary between jurisdictions and can depend on the context, but, under English law, in general:

References

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