More US States Seek To Ban Foreign Law

by Admin on August 6, 2013

More and more US states are adopting legislation barring Courts to consider foreign legislation such as sharia reports the USA Today.

North Carolina became the seventh state to adopt such legislation last month, following in the footsteps of Arizona, Kansas, Louisiana, Oklahoma, South Dakota and Tennessee. Missouri has been the state to buck the trend however, declaring they believe such as move would make international adoptions more difficult.

Thailand breach of contract law

Chaninat and Leeds are a specialized Thailand law firm who handle international breach of contract cases 

This could have strong implications from a number of angles.  Whilst supporters say they will serve to safeguard American constitutional liberties, but critics argue they are likely to complicate international business and contract law and could also make it difficult to enforce foreign money judgments and matters of family law, like divorce decrees, that are based on a foreign law or religion.

Regardless of where one stands on the debate, implication for persons who formed contracts or prenuptial agreements or have strong cultural ties to foreign countries and laws.

In Thailand, the Conflict of Law Act controls any international conflict of laws.  The Act is divided into six main titles each devoted to a specific area of the law. If the parties do not have the same nationality, then the law of the country that the parties intended or are presumed to have intended to apply to their agreement will be applied by the court. Therefore by way of example, within Thai courts the laws of the nation where an international prenuptial agreement was signed will determine the validity of the agreement.

Read the full story here

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