The Conflicts Book of the Louisiana Civil Code: Civilian, American, or Original?
36 Pages Posted: 15 Feb 2009
Date Written: February 15, 2009
This article is a discussion of the Louisiana Conflicts Codification by its drafter. The article explains why and how this first and only comprehensive American conflicts codification: (1) combines the best elements from the vast laboratory of the American interstate conflicts experience, Louisiana's civil law heritage, and Europe's rich codification tradition, while also charting an independent new course; (2) compresses the lessons of the American choice-of-law revolution into succinct, civilian-style rules and combines them with a flexible American-style "approach;" and (3) provides more certainty than the conflicts laws of any other state of the United States and more flexibility than any European conflicts codification.
Keywords: codification, conflict of laws, private international law, choice of law, comparative law, civil law
JEL Classification: K1, K10, K13, K33, K40
Suggested Citation: Suggested Citation