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Articles for the keyword(s) "Absence of choice"

"Choice of Law in International Contracts – The Objective Proper Law Reconsidered"

Laurette Barnard, 1996

This article presents a detailed analysis of the way in which New Zealand courts determine the objective proper law of a contract in the absence of a choice by the parties. With reference to case law, the author argues that the current practice of determining such proper law on the basis of the “closest and most real connection” test does not translate into certainty and predictability and does not serve the goals of commercial convenience and business efficacy. The author proposes the development of a set of coherent presumptions, or rules subject to flexible exceptions, for each kind of contract.

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"Legal Problems of New Zealand-Japanese Trade"

P Davis, 1969

This article is in two parts: the first provides a general outline of the Japanese legal system and the second part addresses the preliminary question of choice of law in contract before proceeding to particular aspects of a contract in New Zealand and Japanese law. In regard to party autonomy, New Zealand and Japanese law adopt a similar approach, but there is significant uncertainty and possible disparity in relation to the designation of the applicable law in the absence of an express choice of law by the parties.