During the Private Law Course of The Hague Academy, mr. Can Yöney, a Turkish researcher and teaching assistant at Marmara University, donated his book the ‘Application of Foreign Law’ (Yabancı Hukukun Uygulanması) to the Peace Palace Library.
Mr. Yöney’s book discusses the concept of conflict of laws. In case a legal event or transaction carries a foreign element, the judge cannot simply apply the substantive rules of the lex fori and should first apply its conflict of rules. In case the relevant conflict of laws rule points to a foreign country, the judge will have to apply the law of this country. But how will the judge apply a foreign law, regarding which the judge probably has no prior information?
The aim of this study is to find an answer to this question. In this regard, in the first part of the 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 laws 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 last part, some problems that are regularly encountered during the application of foreign law are dealt with.
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