Abstract

Abstract It is often said that the pleading and proof of foreign law are voluntary. Foreign laws are facts in English doctrine and the pleading and proof of facts are at the parties’ motion.1 This chapter and the next are concerned with the scope of that principle, and with the extent to which the pleading and proof of foreign law are truly within the parties’ untrammelled con trol. The present chapter identifies several situations in which the applica tion of foreign law is required, and in which the content of foreign law must therefore be established. Chapter IV develops the theme by address ing several matters concerned specifically with the proof of foreign law.

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