Choice of Law: the Presumption in the Proof of Foreign Law

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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 languageEnglish
Pages (from-to)136-157
Number of pages22
JournalThe University of New South Wales law journal
Volume31
Issue number1
Publication statusPublished - 2008
Externally publishedYes

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