oa Comparative and International Law Journal of Southern Africa - Mandatory ex-officio application of foreign law: the comparative method as an answer in cases where the foreign law cannot be ascertained



Faced with the impossibility of ascertaining the national law or its exact meaning, the judge avails himself of those criteria of juridical interpretation which are used in his country. Faced with the same problem with regard to foreign law, he should use the modes of interpretation adopted by the courts of the country referred to, for only in this manner will he apply correctly the conflicts law of his own country.


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