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{{Short description|Aspect of law}} |
{{Short description|Aspect of law}} |
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{{Conflict of laws}} |
{{Conflict of laws}} |
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In the [[conflict of laws]], the validity and effect of a [[contract]] with one or more foreign law elements will be decided by reference to the so-called "[[proper law]]" of the contract. |
In the [[conflict of laws]], the validity and effect of a [[contract]] with one or more foreign law elements will be decided by reference to the so-called "[[proper law]]" of the contract. |
Revision as of 22:28, 28 January 2024
Conflict of laws and private international law |
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Preliminaries |
Definitional elements |
Connecting factors |
Substantive legal areas |
Enforcement |
In the conflict of laws, the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract.
References
Further reading
- Nikitas Hatzimihail. "Contracts" Preclassical Conflict of Laws. Cambridge University Press. 2021. Chapter 9.3.1. Page 285 et seq.
- Wolff, "Hong Kong's Conflict of Contract Laws: Quo Vadis?" (2010) 6 Journal of Private International Law 465
- Tetley and Wilkins. International Conflict of Laws: Common, Civil, and Maritime. International Shipping Publications. 1994. Page 237. See also passim. Google
- Lectures on the Conflict of Laws and International Contracts. University of Michigan Law School. 1951. Passim. Google
- Petar Sarcevic (ed). International Contracts and Conflicts of Laws: A Collection of Essays. Graham & Trotman/Martinus Nijhoff. 1990. Passim. Google
- Geoffrey Chevalier Cheshire. International Contracts. Jackson, Son & Company, printers to the University. Glasgow. 1948. Passim. Google
- Adrian Briggs. "Contracts". The Conflict of Laws. Second Edition. Oxford University Press. 2008. Chapter 5. Page 153 et seq.
- Christopher M V Clarkson and Jonathan Hill. "Contractual obligations". The Conflict of Laws. Fourth Edition. Oxford University Press. 2011. Chapter 4. Page 203 et seq.
- J H C Morris. "Contracts" The Conflict of Laws. Second Edition. Stevens and Sons. 1980. Chapter 13. Page 209 et seq.
- Dicey. "Contracts: General Rules" and "Particular Contracts". A Digest of the Law of England with Reference to the Conflict of Laws. London. 1896. Chapters 24 and 25. Page 540 et seq.
- Joseph Story and Isaac F Redfield. "Foreign Contracts". Commentaries on the Conflict of Laws. Sixth Edition. Little, Brown and Company. 1865. Page 290 et seq.