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Choice of Law$
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Symeon C. Symeonides

Print publication date: 2016

Print ISBN-13: 9780190496722

Published to Oxford Scholarship Online: June 2016

DOI: 10.1093/acprof:oso/9780190496722.001.0001

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The Structure of Choice-of-Law Rules and the Operation of the Choice-of-Law Process

The Structure of Choice-of-Law Rules and the Operation of the Choice-of-Law Process

Chapter:
(p.63) Four The Structure of Choice-of-Law Rules and the Operation of the Choice-of-Law Process
Source:
Choice of Law
Author(s):

Symeon C. Symeonides

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190496722.003.0004

This chapter discusses the structure of choice-of-law rules and the mechanics of the choice-of-law process. It examines the components of typical choice-of-law rules and the three mental steps in applying them (characterization, localization, and application) and the various exceptions or escapes available in each step: the substance versus procedure dichotomy, renvoi, the public policy (ordre public) exception, the penal-law exception, and the foreign revenue rule. It also discusses domicile as a concept that performs a variety of functions in American conflicts law. The chapter concludes with a most practical issue in the operation of any choice-of-law system—judicial notice and proof of foreign law.

Keywords:   characterization, localization, substance versus procedure, renvoi, public policy exception, ordre public exception, penal-law exception, foreign revenue rule, judicial notice, proof of foreign law

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