Law 5110 Study Guide - Quiz Guide: Substantive Law, Lex Fori, Unidroit
Document Summary
Value neutrality of conflict rules: conflict rules are technical in nature and therefore should be void of ethical and other social values whereas rules of substantive law are based on value judgments. The application of the law that is most fair in substance can be unfair from the viewpoint of. Alternative conflict rules tend to favor the application of foreign law (takes into account several potentially applicable systems); cumulative conflict rules tend to hinder the application of foreign law (makes a result more difficult to achieve). Approaches to foreign law and procurement of information. Judge raises foreign law at his law unless requested to. obligation to raise foreign own discretion. law. Judge must ascertain the law and establish its obligation to investigate. content of the applicable contents. foreign law. "mere fact. " law. of the same position as the lex fori.
