The decision of a ease often depends upon the conception which is held of the fundamental nature of the problem presented in the controversy. Perhaps in no field is this more true than in that of the "conflict of laws." And it may be ventured that in no other has resulted more confusion and inconsistency in adjudications a result of failure to analyze the legal problems in particular cases down to their foundations and even their sub-structures, or as a result of failure to agree upon such analysis. Because of the additional complexity which the "conflict of laws" phase gives to a case which might be difficult enough if it involved a purely domestic controversy, in no field of the law is clear comprehension and therefore sound and thorough analysis of each particular problem more needed or desirable. It is proposed to consider the nature of "the conflict of laws problem" in general and then with reference to a few cases of a particular type and to show the significance of fundamental analysis in affecting the result of judicial determinations.
Raymond J. Heilman,
Treatment of Capacity to Contract in Conflict of Laws Cases,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol32/iss2/3