oa Comparative and International Law Journal of Southern Africa - Lex fori or lex loci delicti? The problem of choice of law in international delicts
|Article Title||Lex fori or lex loci delicti? The problem of choice of law in international delicts|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Institute of Foreign and Comparative Law, UNISA|
|Publication Date||Nov 1997|
|Pages||243 - 263|
|Keyword(s)||Canada, Conflicts of laws, English rule, International delicts, Legal system, Private international law and South African courts|
In this article a rule for South African conflicts of laws in international delicts is proposed, in the light of the latest private international law developments in Canada. Canada is following the English rule, together with South African courts' implied suggestion that the English choice of law rules will be followed. This necessitates a brief look at the status quo of international delicts in England. Canada's development is followed by a discussion of the position in South Africa. The history of this conflicts rule in South Africa, approaches proposed by local academics and a brief comparative look at the United States, the Netherlands and Australia will be used as a method of introducing a South African rule to be implemented by our courts when the opportunity arises.
Article metrics loading...