n Tydskrif vir die Suid-Afrikaanse Reg - Private international law and the African Economic Community : a plea for greater attention

Volume 2006, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Problems of private international law arise from transactions involving a "foreign" element. In the commercial setting such problems exist partly as a result of the international exchange of commodities and the mass appearance of commodity relations, which cut across national boundaries, especially when the nations involved have different legal systems and rules.

Indeed, the origin of the subject has its root in the emergence of nation states with separate legal systems and the interaction between people of these jurisdictions through commercial and personal relationships. In such a setting the question concerning what law should govern a dispute between people from these different legal systems calls for resolution.

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