Choice of law problems : theories and trends with particular reference to the proper law

Abstract

After delineating the different aspects of Private International Law, the thesis goes on to set forth the historical evolution of Choice of Law in Private International Law. The latter is essential for a proper understanding of the development of the various theories and trends that have been suggested as solutions to the Choice of Law Problem. This then leads on to a discussion on the underlying values of Choice of Law. These values ought to be kept at the fore of every legal thinker's mind in his endeavour to devise appropriate solutions to Choice of Law issues. They must be reflected in all theories suggested for the determination of the governing law in cases involving a foreign element. Chapter 4 deals with the most important theories. It is clear that not all theories and methods were considered. I chose to discuss only those main theories which I consider most influential and widespread. A concise exposition of the Proper Law Doctrine then follows. Chapters 6 and 7 then proceed to examine the various theories which are applicable in the substantive areas of Contract and Tort. Here I seek to demonstrate the importance of the application of the Proper Law Doctrine. The conclusion suggests that the current situation in which Choice of Law still stands to date under Maltese Private International Law, as far as the law of obligations is concerned, is an unfortunate one. As a solution, I propose the enactment of specific rules. These rules should give due importance to the application of the 'Proper Law Doctrine' thus ensuring that, in each and every case, the governing law is determined in such a manner whereby justice is truly carried out for all the parties.