Conflict of laws

It was an established principle that the rights of spouses, in respect of moveable property, should be regulated by the law of their domicile but it was equally clear that their rights in relation to heritable estate would be governed by the law of the place where it was situated. However, that principle had no application where the lex domicilii provided for a community property regime to apply in default of contrary agreement and where the parties had made no contrary agreement, and were thus to be treated as having positively chosen that regime.