Title: The consequences of contractual incapacity in private international law

Authors: Eesa Allie Fredericks

Addresses: Faculty of Law, University of Johannesburg, Corner of Kingsway and University Roads, Auckland Park Kingsway Campus, Johannesburg, South Africa

Abstract: In this article, the issue of which legal system should govern the consequences of contractual incapacity is addressed, for instance, that a contract is void, voidable or unenforceable (or that it is valid only after ratification) and that restitution has to be made. Most legal systems do not specifically identify an applicable law in this regard. Exceptions are the position in Germany and Oregon and under a proposal for a Puerto Rican codification. Taking policy considerations, national models and related provisions in regional, supranational and international instruments into consideration, the author submits that the consequences of contractual incapacity should be governed by the putative objective proper law of the contract.

Keywords: private international law; the conflict of laws; contractual capacity.

DOI: 10.1504/IJPL.2019.098124

International Journal of Private Law, 2019 Vol.9 No.3, pp.192 - 200

Accepted: 26 Sep 2018
Published online: 04 Mar 2019 *

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