CONFLICT RULE AND CHARACTERIZATION OF QUESTION

Authors

  • JOHN D FALCONBRIDGE

Abstract

The continuation of a two-part article, this part considers the question of characterization according to several theorists, emphasizing how the various methods align with and differ from the author’s view of characterization as a legal question arising from a factual situation, and of the conflict rule as an indication of a local connecting factor implying the proper law governing the legal question. He applies this method of characterization to various legal issues to illustrate the superiority of his theory over the others.

Keywords:

Conflict of Laws

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Published

1952-03-01

Issue

Section

Legal Commentary