without giving effect to conflict of laws
English translation: without regard to the choice-of-law provisions
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| 00:17 Jul 27, 2010 |
| English language (monolingual) [PRO] Law/Patents - Law: Contract(s) / governing law | |||||||
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|  Selected response from: Polangmar Poland Local time: 20:02 | ||||||
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| SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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| 4 +1 | without regard to the choice of law provisions |
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| 5 | No - it means rules of "private international law" |
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| Discussion entries: 3 | |
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Answers
19 hrs confidence: 
peer agreement (net): +1
peer agreement (net): +1without regard to the choice of law provisions Explanation: A very good explanation below. Conflict of Law Provisions Everyone has seen it in their contracts and wondered what it means. It is always in the miscellaneous section at the end of agreements. It usually says something like, “without regard to the conflicts of law provisions therein.” The full text is “This Agreement shall be governed by the laws of the State of Texas, without regard to the conflicts of laws provisions therein.” Why is it included? This provision is used to take interpretation of an agreement outside of the state law where a cause of action occurs. For instance, if you have an agreement with a company that is in California there could be a cause of action that arises in California. However, you want the laws of Texas to apply. You have added a “choice of law” provision for that very reason. Unfortunately, most states have a rule that says the law of the state where the cause of action arose governs that cause of action. This would mean that if the cause of action happened in California, even if you said you wanted Texas law to aply, Texas law would point back to California. By adding the "without regard to the conflicts of law provision" we are able to negate the Texas law that points back to California. that is why most choice of law provisions contain the described clause and you should think about verifying that your's does too. http://blog.sprosslaw.com/2008/05/conflict-of-law.html -------------------------------------------------- Note added at 19 hrs (2010-07-27 19:32:38 GMT) -------------------------------------------------- It should be "the choice-of-law provisions" but this expression is rarely hyphenated. |
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2 days 15 hrs confidence:
No - it means rules of "private international law" Explanation: The short answer to your specific question is: "No." The answer which you provide is entirely wrong, and shows an absence of legal knowledge. The term in Europe for "conflict of laws" is "private international law." That may help you in understanding what the text means. |
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