SUBSTANCE AND PROCEDURE IN THE CONFLICT OF LAWS

Authors

Edgar H. Ailes, Member of the Detroit bar

Abstract

It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.

Recommended Citation

Edgar H. Ailes, SUBSTANCE AND PROCEDURE IN THE CONFLICT OF LAWS, 39 Mich. L. Rev. 392 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss3/3