local law theory

Conflict of laws. The view that, although a court of the forum recognizes and enforces a local right (that is, one created under its own law), in a foreign-element case it does not necessarily apply the rule that would govern an analogous case of a purely domestic character, but instead takes into account the law of the foreign country by fashioning a local right as nearly as possible upon the law of the country in which the decisive facts have occurred.

• This theory is credited to Walter Wheeler Cook, who expounded it in the first chapter of his Logical and Legal Bases of the Conflict of Laws (1949).


专业法律词汇 词条贡献者
译者Rowland,毕业于世界顶级翻译学院,擅长翻译各种与商业地产买卖相关的法律文件。
Scroll to Top