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A first principles approach to couples’ property in the conflict of laws
Journal of Private International Law  (IF),  Pub Date : 2019-05-04, DOI: 10.1080/17441048.2019.1647990
Maria Hook

This article asks how the conflict of laws should approach couples’ property as a matter of first principles, by reference to the law of New Zealand. It argues that lawmakers should make full use of the pluralist potential of general conflict of laws methodology, engaging in an explicit evaluation of the many – often hidden – values that shape its rules. Based on such an evaluation, the article argues that the conflict of laws should strive to facilitate the effective dissolution of personal property relationships and recognise their personal and social ties to legal systems. An internationalist approach, displaying an openness to the exercise of jurisdiction and the application of foreign law, would serve to achieve these aims.