CHOICE OF LAW

Authors

  • L FG BAXTER

Keywords:

Conflict of Laws

Abstract

In this article the author thoroughly examines the principles underlying the rules for choice of law. First, the author briefly discusses the operation of “shunting” theory, and the situations surrounding “real” and “personal” connecting factors. Next, the author discusses the different schemes for setting up a choice of law rule and discusses the logical structure for determining a legal problem. Through a hypothetical example the author then considers whether one formally effective connecting factor is preferable to another, and notes exceptions to the lex fori as the solution of all legal problems, looking in particular at the celebration of marriage and the interpretation of contracts. The author then looks at enforcement as a major class of contract problem, and discusses the choice of the parties as a connecting and overriding factor. He concludes by examining the desirability of greater uniformity among conflict rules, and suggests that applying the standard law of the forum offers more logic and consistency than an approach based on “shunting technique”.

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Published

1964-03-01

Issue

Section

Legal Commentary