DETERMINING THE PROPER LAW OF CONTRACT UNDER PRIVATE INTERNATIONAL LAW
DETERMINING THE PROPER LAW OF CONTRACT UNDER PRIVATE INTERNATIONAL LAW
No Thumbnail Available
Date
2005
Authors
ANYANWU, A. EMMANUEL
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Where a dispute arises from the breach of a term or terms of a contract between
'A' a Nigerian and 'B' an Italian, the court which entertains the action will employ
an objective test in order to determine the law to govern the resolution of this
dispute. Before arriving at this law, the court considers the intention of the parties
regarding their choice of law.
The parties' intention could be expressed where they provide that "Nigerian law
shall govern the construction of this contract", or their intention could be implied
where, from the terms of the contract, the court could hold that the parties'
intention is that Italian law should govern the contract. Where their intention is
neither expressed nor to be inferred from the terms of the contract, the court could
hold that the system of law with which the transaction has its closest and most
real connection shall be the proper law of the contract and this is arrived at by
looking at the surrounding circumstances of the case.
The above explanation is what "Determining the Proper Law of Contract under
Private International Law" is all about and it is that proper law so determined that
13
is applied in all issues or matters arising from international contract disputes
brought before the court for resolution.
Description
A THESIS SUBMITTED TO THE POSTGRADUATE
SCHOOL IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS FOR THE AWARD OF THE
DEGREE OF MASTER OF LAWS (LL.M.) DEGREE
FACULTY OF LAW
AHMADU BELLO UNIVERSITY ZARIA,
2005
Keywords
DETERMINING, PROPER LAW, CONTRACT, PRIVATE, INTERNATIONAL LAW