Abstract
Private international law generally makes a presumption, in the absence of evidence to the contrary, that the foreign law is the same as the law of the forum. It is argued the law should not make this presumption, and that if there is no such evidence before the court, the parties be asked to provide such evidence, or the court may make its own investigations.
Original language | English |
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Pages (from-to) | 136-157 |
Number of pages | 22 |
Journal | The University of New South Wales law journal |
Volume | 31 |
Issue number | 1 |
Publication status | Published - 2008 |
Externally published | Yes |