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SECTION VIII - Persons

Document Cited in Related
AuthorE. J. Cohn
ProfessionSir
Pages15

  1. The German private international law relating to natural persons is governed by the principle of nationality. German law is, however, by way of exception made applicable in some cases with a view to protecting German traders, although the principle of nationality would result in the application of some foreign legal system.

  2. Capacity to contract is governed by the law of nationality, see section 7 (1).

    This general rule does not apply to the question of capacity to make a will, to commit a delict and to contract a marriage. In these respects the lex causae, i.e. the law applicable to the will, delict or marriage governs also the question whether there is capacity. Where the general rule applies, the lex contractus determines whether capacity is required. If the answer is in the affirmative the law of nationality applies.

    EXAMPLE: A, a Nicaraguan youth, and B, a German, conclude an agreement to which according to 'the rules of German private international law English law applies as the lex contractus. English law requires that A must possess capacity to contract. Whether 'he possesses this capacity is a question to be decided by Nicaraguan law...

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