Re: choice of law clauses and GPL

[Tim Smith]

In article <h6k9sv$1ppp$1@colin2.muc.de>, Alan Mackenzie <acm@muc.de> 
wrote:
> > This may help you out:
> 
> > <http://www.dr-hoek.de/EN/beitrag.asp?t=Conflict-of-law-real-estate-mortg
> > age>
> 
> Eh?  I don't need "helping out", and the page you've cited is a long,
> theoretical, abstract tome, whose relevance to the pertinent question is
> at best problematical.  Just for emphasis, that question is the ability
> of a court in one country to administer the laws of a different country.
> It's not about "conflicts of law".  That page is also tedious in the
> extreme to somebody like me who isn't fascinated by legal niceties for
> their own sake.
> 
> I'm putting it to you, in a polite but firm manner, you are simply
> mistaken with the notion that a German court could and would settle a
> dispute under Californian law.  That this applies for fairly comprehensive
> values of "Germany" and "California".
> 
> If you can't stump up the evidence, you should admit your mistakenness.
> 
> Does the page you've cited contain a pertinent concrete example somewhere
> within it?  If so, please point it out.

These two links might make things clear. The first discusses how German 
courts decide what law applies in a contract case. The second discusses 
how German courts go about determining an applying foreign law.

1. 
<http://books.google.com/books?id=TAHtXWpA9soC&pg=PT86&lpg=PT86&dq=contra
ct+choice+of+law+germany&source=bl&ots=yI-D_EnoIV&sig=29DnNn_DNS9z1Das0-T
0_koK3Ug&hl=en&ei=Vv6NSqKHFYrQtAPas8iECw&sa=X&oi=book_result&ct=result&re
snum=3#v=onepage&q=&f=false>

> <http://books.google.com/books?id=TAHtXWpA9soC&pg=PT86&lpg=PT86&dq=contract+choice+of+law+germany&source=bl&ots=yI-D_EnoIV&sig=29DnNn_DNS9z1Das0-T0_koK3Ug&hl=en&ei=Vv6NSqKHFYrQtAPas8iECw&sa=X&oi=book_result&ct=result&resnum=3#v=onepage&q=&f=false>


2. <http://www.iuscomp.org/gla/literature/foreignlaw.htm>

 

-- 
--Tim Smith