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Published online by Cambridge University Press: 05 June 2012
Analysis
The conflict of laws, in so far as it is concerned with the choice of the applicable law, consists of only a small number of rules; the problems tend to arise, as in most areas of the law, with the exceptions. But, for the moment, we will stay with the general rules. These can all be stated in the same simple form, for example:
(a) The formal validity of a marriage is governed by the law of the place of celebration.
(b) Capacity to marry is governed by the law of the parties' domiciles.
(c) Succession to movable property is governed by the law of the last domicile of the deceased.
(d) Succession to immovable property is governed by the lex situs.
(e) Procedure is governed by the lex fori.
(f) Contracts are governed (in general) by the law intended by the parties.
Some issues are governed by more than one system of law, either (i) cumulatively, as: at common law liability for alleged torts committed abroad is governed by both the lex fori (English law) and the law of the place where the event took place; or (ii) alternatively, as: formal validity of contracts is governed by either the law of the place of contracting or by the applicable law.
These rules can all be analysed in the same manner.
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