Demystifying Choice of Law Clauses

Premarital Choice of Law Under the Restatement (Second) of Conflicts of Law, parties to a contract may chose the law that will govern the validity of the agreement, unless the chosen state has no substantial relationship to the parties and there is no other reasonable basis for that state s law to a...

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Bibliographic Details
Published in:Family Advocate 2023-03, Vol.45 (4), p.30-31
Main Authors: Melcher, Christopher C, Quan, Ashley K
Format: Magazinearticle
Language:English
Subjects:
Agreements
Bar associations
Clauses (Law)
Conflict of laws
Divorce
Family law
Interpretation and construction
Laws, regulations and rules
Marriage
Prenuptial agreements
Provisions
Remedies
State laws
Validity
Waivers
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Summary:Premarital Choice of Law Under the Restatement (Second) of Conflicts of Law, parties to a contract may chose the law that will govern the validity of the agreement, unless the chosen state has no substantial relationship to the parties and there is no other reasonable basis for that state s law to apply, or the enforcement of the agreement would violate fundamental public policy of the forum state. [...]in Marriage of Proctor, 203 Or.App. 499 (2005), the court held that the choice of law clause only applied to the interpretation of the premarital agreement. The Oregon court applied California law solely to interpret the premarital agreement and clarified that choice of law provisions are limited to the construction of the agreement.
ISSN:0163-710X
2327-8331