CONFLICT RULE AND CHARACTERIZATION OF QUESTION

Abstract

In order to clarify the most appropriate view among differing opinions on what it is that is characterized in a conflicts question, part one of this two-part article is an analysis of the structure of conflict rules, emphasizing the compliance of the author’s view with various theorists. The author then proceeds to a discussion of characterization as an essential stage in the subsequent operation of a conflict rule, dividing the operation into three stages: characterization of the question, selection of the proper law and its application.