Master'sOpen Access

Application of foreign law

2018
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Advisor: Prof. Dr. Hatice Kocasakal

Abstract (EN)

In case a legal event or transaction carries a foreign element and the relevant conflict of laws rule points to a foreign country, the judge will have to apply the law of this country. Our study focuses on the procedure to be followed by the judge when a foreign law is applied. In this regard, in the first part of our study, the concept of conflict of laws, the structure, function and raison d'être of conflict of laws rules and the nature granted to these rules in various legal systems as well as the concept of foreign law, the nature granted to foreign law in comparative law and the principles to bear in mind in the application of foreign law are examined. In the second part, the methods to be utilized in the ascertainment of foreign law are discussed. In the final part, some problems that are regularly encountered during the application of foreign law are dealt with.

Author

Dr. Can Yöney

How to Cite

Can Yöney (Master Thesis). Application of foreign law, 2018, Galatasaray University.

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