Procedural efficiency vis-a-vis conflictual justice
| Authors | |
|---|---|
| Year of publication | 2008 |
| Type | Article in Proceedings |
| Conference | Dny práva - 2008 - Days of Law |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Anti-choice approach; application of foreign law; civil procedure; Cour de cassation; Hoge Raad; conflict rule; conflictual justice; non-conflict; procedural efficiency; procedural justice |
| Description | The paper draws an attention to the tension between procedural justice and application of foreign law via conflict-of-law rules. The paper demonstrates that some national courts try to avoid application of foreign law. The attention is devoted to two theories which provide justification for non-application of foreign law: theory of equivalence and so called anti-choice rule. Both of these theories enable judges to avoid the application foreign law when the substantive results of potentailly applicable laws are same. Whilst theory of equivalence leads to application of one of applicable laws, anti-choice means their parallel application. |