The concept of modal choice of law rules

This article conceptualises a widely used rule of the conflict of laws: the modal choice of law rule. Modal choice of law rules provide choice of law-specific ex ante regulation for choice of law elements. For example, a rule that provides that a choice of law agreement must be in writing is a modal...

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Bibliographic Details
Published inJournal of private international law Vol. 11; no. 2; pp. 185 - 211
Main Author Hook, Maria
Format Journal Article
LanguageEnglish
Published Oxford Routledge 01.08.2015
Taylor & Francis Ltd
Subjects
characterisation
Choice of law
choice of law agreement
COMMON LAW
Conflict
Conflict of laws
connecting factor
Contracts
DOMICILE
habitual residence
Hague Principles on Choice of Law in International Commercial Contracts
INDEPENDENCE
International law
Judicial discretion
Law
Legal science
Presumptions (Law)
Regulation
State court decisions
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Summary:This article conceptualises a widely used rule of the conflict of laws: the modal choice of law rule. Modal choice of law rules provide choice of law-specific ex ante regulation for choice of law elements. For example, a rule that provides that a choice of law agreement must be in writing is a modal choice of law rule. Choice of law elements may be subject to modal choice of law rules, substantive law or judicial discretion - or a mix of all three. The article unveils the different purposes served by modal choice of law rules. It demonstrates that modal choice of law rules are capable of importing both conflicts-related and substantive considerations into the choice of law process.
Bibliography:JOURNAL OF PRIVATE INTERNATIONAL LAW, Vol. 11, No. 2, Aug 2015: [185]-211
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JOURNAL OF PRIVATE INTERNATIONAL LAW, Vol. 11, No. 2, Aug 2015, [185]-211
2021-07-29T15:58:44+10:00
Informit, Melbourne (Vic)
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SourceType-Scholarly Journals-1
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ISSN:1744-1048
1757-8418
DOI:10.1080/17441048.2015.1070570