Proving and Averring Foreign Law in Scots Private International Law: a Hindrance to Efficiency in Dealing with Cases Where Scots Law Is not the Applicable Law
9 Pages Posted: 28 Mar 2023
Date Written: March 08, 2023
This review paper discusses whether the requirement for foreign law to be proven and averred in Scotland where Scots law is not the applicable law is a hindrance to judicial efficiency, especially in terms of time and cost. It sets out the mode of proof and duty of the Scottish courts. It critiques the foundations of this jurisprudence and questions the appropriateness of considering foreign law as a matter of fact rather than as a matter of substance.
Keywords: Scottish private international law, foreign lex causae, applicable law, conflict of laws, judicial efficiency
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