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"Section 7 of the Matrimonial Property Act 1976: A Choice of Law Rule?"

The author highlights a number of issues in regard to s 7 of the Matrimonial Property Act 1976 as a “choice of law” rule, such as: the complexity of the section in respect of its limits of application, outside of which the common law rules apply, as well as the unqualified adoption and extension of the principle of mutability to all movable property. Problems surrounding express choice of law clauses in marriage settlements and alternatives to “matrimonial domicile” as a connecting factor are also addressed.

Author
CF Forsyth
Published in
New Zealand Universities Law Review
Year
1976
Volume
7
Pages
397-401

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