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Articles for the keyword(s) "Renvoi: foreign court theory"

"The Judicial Process in the Conflict of Laws"

BD Inglis, 1958

With reference to English case law and English text-writers, the author analyses the foreign court-theory in respect of renvoi, arguing in favour of its application and dealing with criticism leveled against it. The author also discusses the problem of classification, concluding that all conflicts issues are governed by English domestic law, except those that are referred to foreign law by choice of law rules. Once so referred, there is no need to classify the foreign law rules; whether a particular foreign law rule applies, depends on whether it answers the question referred to it by English law.