| 翻訳と辞書 |
| Conflict of laws in the United States ： ウィキペディア英語版 |
Conflict of laws in the United States
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action. In the United States, the rules governing these matters have diverged from the traditional rules applied internationally. The outcome of this process may require a court in one jurisdiction to apply the law of a different jurisdiction.
==New approaches in the United States==
Until the 20th century, traditional choice of law rules were based on the principle that legal rights vest automatically at legally significant and ascertainable times and places. For example, a dispute regarding property would be decided by the law of the place the property was located.〔7 Restatement (First)of Conflict of Laws, §§208--310.〕 Disputes in tort would be decided by the place where the injury occurred.〔9 Restatement (First) of Conflict of Laws, §377.〕
During the first half of the 20th century, the traditional conflict of laws approach came under criticism from some members of the U.S. legal community who saw it as rigid and arbitrary; the traditional method sometimes forced application of the laws of a state with no connection to either party, except that a tort or contract claim arose between the parties in that state.〔See e.g. ''Alabama G.S.R. Co. v. Carroll'', 97 Ala. 126, 11 So. 803 (Ala. 1892) (holding Alabama employee could not sue Alabama employer for on-the-job injury because accident occurred in Mississippi whose law disallowed the cause of action)〕 This period of intellectual ferment (which coincided with the rise of the legal realism movement) gave birth to a number of innovative new approaches.〔Brainerd Currie, Selected Essays on the Conflict of Laws (1963); Robert A. Leflar, Choice Influencing Consideration in the Conflict of Laws, 41 N.Y.U. L. Rev. 267 (1966).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Conflict of laws in the United States」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|