oa Comparative and International Law Journal of Southern Africa - Adoption and the conflict of laws
|Article Title||Adoption and the conflict of laws|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Supreme Court of South Africa, Kammergerichtsanwalt|
|Publication Date||Jul 1983|
|Pages||242 - 255|
|Keyword(s)||Adopted children, Adoption, Adoptive parents, Austria, Conflict of laws, East Germany, English law, France, Hague Convention on Jurisdiction, International conventions, Italy, Natural parents, Roman-Dutch law, Sweden, Switzerland, The Netherlands, United States of America and West Germany|
Due to its increased incidence in modern times, adoption has assumed an importance in the law of persons almost equal to that of parental power - which it indeed purports to bestow on the adoptive parents. Adoption affects three sets of persons: adopted children; adoptive parents; and the natural parents. The legal issues involved concern both substantive law and the conflict of laws. As regards the latter conflicts may again arise between the conflicts rules themselves. For instance, the lex adoptionis may conflict, or appear to conflict, with the lex stlccessionis. There are few, if any, legal systems which can boast of an adequate treatment of the respective conflicts problems. The South African system too, is not free of these problems, as explained in this article.
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