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CONFLICT OF LAWS - MARRIAGE
Abstract
Generally, the principles of conflict of laws provide guidelines to determine whether a court of the forum jurisdiction will apply its law or the laws of another interested party to a dispute. This inquiry often requires a court to make a choice that may be affected by public policy considerations of the forum jurisdiction. Conflict of laws principles, moreover, may extend to many aspects of a case, such as judicial jurisdiction. We discuss the law and economics of conflict of laws and choice of law. Hence, four questions will be addressed: 1. Why do courts ever apply anything other than the law of the forum? 2. If a court sometimes applies foreign law, is a rule-based or more modern standard-based approach to its choice preferable? 3. Why so many states have abandoned rule-based approaches in favor of standard-based ones? and 4. Is there any real practical difference between the first restatement and modern approaches? It can be concluded that permitting parties can choose the governing law that best fits to their transactions and future private disputes can enhance jurisdictional competition and help restore predictability to the conflict of laws problem.
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