Mann ProperLawContract 1950
Mann ProperLawContract 1950
Mann ProperLawContract 1950
Author(s): F. A. Mann
Source: The International Law Quarterly , Jan., 1950, Vol. 3, No. 1 (Jan., 1950), pp. 60-
73
Published by: Cambridge University Press on behalf of the British Institute of
International and Comparative Law
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1 This article, therefore, does not contain that full collection of material which is
usual, but with which the expert reader is familiar.
2 Notably in some jurisdictions of the United States of America where adherence
to the doctrine of the proper law is growing, but not yet universal.
3 These words in Goethe's Faust are incapable of translation. The most satis-
factory translation reads:
What from your fathers' heritage is lent,
Earn it anew, to really possess it.
60
II
13 Pp. 16, 18, 24, 28, 29, 40, 41, 43, 64, 80.
14 P. 33.
15 [1939] A.C. 277.
III
27 Cheshire, p. 28.
28 The latest decisions of the House of Lords are Kahler v. Midland Bank, Ltd.
[1949] 2 All E.R. 621, and Zivnostenska Banka National Corporation v.
Frankman [1949] 2 All E.R. 671. The question whether in the former case the
majority of the House of Lords applied the subjective theory in a commendable
manner, is open to considerable doubt. For present purposes it is sufficient
to add that it is by no means certain whether the objective theory would have
led to a happier solution.
29 Nor is it altogether certain, as Dr. Wolff suggests in his Observations, that the
objective view prevails in Continental literature. That it has no support in
the practice of the courts, is common ground.
30 7th ed., p. 302.
31 Cf. The Njegos [1936] P. 90. The La Plata contract is an outstanding example
of purely commercial connexity which may not be so close as to come within
Dr. Cheshire's definition.
32 [1949] 1 K.B. 482.
42 LL.D.(Lond.), Solicitor.