Legal Definitions - mobilia sequuntur personam

Mobilia sequuntur personam is a Latin legal principle that translates to "movables follow the person." This principle generally states that the legal rules governing a person's movable property—such as vehicles, bank accounts, jewelry, or furniture—are determined by the laws of the place where that person is permanently domiciled (their home country or state), rather than the laws of where the property itself is physically located. It helps determine which jurisdiction's laws apply when an individual's personal property is situated in a different location from their legal residence, particularly in matters of ownership, transfer, or inheritance.

• Example 1: Inheritance of a Global Art Collection

  Elena is a Spanish citizen permanently residing in France. She owns a valuable art collection, with some pieces kept in her French home, others stored in a vault in Switzerland, and a few on loan to a museum in Italy. When Elena passes away, her will needs to be probated.

  This illustrates mobilia sequuntur personam because the distribution and inheritance of Elena's entire art collection (her movable property), regardless of its physical location in Switzerland or Italy, would likely be governed by the inheritance laws of France, her country of domicile. This ensures a consistent legal framework for her estate.

• Example 2: Division of Assets in a Cross-Border Divorce

  David, a British citizen, and Maria, a German citizen, were married while living in the United States and accumulated various personal assets, including a car, bank savings, and household furnishings. They later moved to Canada, established their permanent residence there, and decided to divorce.

  When dividing their marital assets, the principle of mobilia sequuntur personam suggests that the Canadian laws of their current domicile would primarily dictate how their movable property (the car, savings, furnishings), acquired during their marriage, should be divided, even though some items might have been purchased or initially located in the U.S.

• Example 3: Bankruptcy and International Personal Property

  A business owner, John, is domiciled in Australia. He declares personal bankruptcy. He owns a yacht registered in New Zealand and has a significant investment portfolio managed by a bank in Singapore.

  Under mobilia sequuntur personam, the Australian bankruptcy laws of John's domicile would generally govern how his movable assets—the yacht and the investment portfolio—are treated and distributed among his creditors, even though these assets are physically located or managed in other countries. This centralizes the legal process for his personal bankruptcy.