International business transactions


§188 – Law Governing in Absence of Effective Choice by the Parties



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OUTLINE International Business Transactions
§188 – Law Governing in Absence of Effective Choice by the Parties

  • use law of state with most significant relationship, with respect to the particular issue, to the transaction and the parties, which is determined by §6 and the following contacts:

    • the place of contracting,

    • the place of negotiation of the contract,

    • the place of performance,

    • the location of the subject matter of the contract, and 

    • the domicil, residence, nationality, place of incorporation and place of business of the parties.

  • These contacts are evaluated according to their relative importance with respect to the particular issue

  • If the place of negotiating the contract and the place of performance are in the same state, the local law of this state will usually be applied, except as otherwise provided in §§ 189-199 and 203


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