Questions tagged [choice-of-law]
The choice-of-law tag has no usage guidance.
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A tricky question about cybercrime
Let’s say I hack into a database when I’m in America, but the database servers are physically in Iran, but to complicate it even more- the company that owns the database is European.
These are just ...
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Which choice-of-law provision applies when there are multiple legal agreements?
A consumer residing in North Carolina opens a credit card account with a national bank, "signing" three separate agreements: (1) a cardmember agreement, (2) an online service agreement, (3) ...
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Which state jurisdictions apply on board a US aircraft in flight?
If an aircraft is in flight in the airspace above a US state, say Texas, does Texas state law, or potentially the laws of any other US states, apply to the passengers on board during that time, or is ...
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Restrictions on incorporating a limited liability company abroad?
Let's suppose that a country (A) adheres to the incorporation theory. Could it be, that founding a (limited liability) company in another incorporation theory country (B) by a resident of A, and ...
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Jurisdictional Question
Imagine that something is legal in 49 states but illegal in Virginia. For example, imagine if Virginia was the only state to recognize publicity rights.
Which of the following situations would be ...
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What is the difference between the seat theory and the incorporation theory?
In corporate law, what is the difference between the seat theory and the incorporation theory? Where do I find the list of countries (jurisdictions) adhering to each?
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cross border contract
If two entities from different countries A, B sign a contract, does the contract follow:
law of the country, where the contract is signed
law of a country of choice from A and B
international ...
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Can parties agree on arbitrary jurisdiction for a contract?
I am not a lawyer, but I'm intrigued by how, in international contracts, parties can agree to the jurisdiction under which the contract falls. My question is rather simple: can two parties agree to ...
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Which state's laws apply to online defamation?
If a libelous statement is posted online, and the victim and offender are from different states, which state would be more pertinent to the defamation case? I.e. which state's defamation laws, statue ...
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Vietnamese were chosen as applicable law, should the CISG govern contract ? May the parties choose laws of Indonesia to be applicable of the contract?
The contract is signed between the company, which is located in Vietnam, and company in France / Germany / Australia / Korea.
From the Contracting States of CISG between Vietnam and U.S. activated, ...
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Can a testator exercise testamentary freedom using a choice of law clause?
In British Columbia, some testators left little for some of their independent adult children, while leaving most of their assets to their other children. In many of those cases, the courts granted the ...
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If states have conflicting precedents for sperm donation contract which state would take priority?
Let me start out by saying I know this is a highly specific question and that it's unlikely anyone here has specific expertise in the exact area. As such I'm not demanding a perfectly definitive ...
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If one state respects a contract and another doesn't how do we know if it will be respected across state lines?
Lets say person A and person B sign a contract, in which person A signs away their right to a financial claim. The two people live in different states, and one state has a precedent for respecting ...
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Do local patents have precedence over foreign patents even if the foreign patent was granted first?
Do local patents have precedence over foreign patents even if the foreign patent was granted first? Let's say that a patent was granted in 2010 after the application was made in the same year, but in ...
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What are the consequences of having multiple wives as a Hindu in India?
According to the civil code for muslims in Wikipedia, it is found that a man can have multiple wives and there are certain laws for how he act in case of divorce.
a Muslim man is allowed to marry up ...
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