Title: | Techniques of choice of law in conflict of personal laws |
Author: | Tier, Akolda M. |
Year: | 1986 |
Periodical: | Journal of African Law |
Volume: | 30 |
Issue: | 1 |
Pages: | 1-19 |
Language: | English |
Geographic term: | Sudan |
Subject: | conflict of laws |
Abstract: | Study of the problems of choice of law in cases of conflict of personal laws with particular reference to the Sudan. Two approaches to choice of law problems are found in the Sudan. On the one hand, the Sharia courts and the local courts administer the systems of personal laws. This approach conceives it to be the duty of the court to determine every issue in accordance with its ‘lex fori’ and to confine itself to that law in all cases in which it is competent. In the civil courts, on the other hand, which administer all personal laws operating in the Sudan, the diversity of the ‘lex fori’ throws the rules of the systems of personal laws into obsolescence. These courts employ a technique of choice of law similar to that in private international law. Notes, ref. |
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