, or parts of its law, to them. Or it may be
desirable to have some single system of law to govern a given problem,
such as the validity of a marriage, so that courts will choose the law of the
parties' domicile for convenience's sake. In that case the motivating con-
siderations behind choice of
MODERN CONTRACT THEORY
"Aliving law must sacrifice either form or continuity to expansion."l
Modern contract theory can be divided into three eras: the end of
the writ system and the separation of law and equity in the eighteenth
century, the evolution of classical contract theory
circumstances were the motivating force, the more
unfair one party will judge the other's behavior."68 The breaching behav-
ior results in a loss of trust that intensifies the perception of behavioral
unfairness and inequitable exchange.
A relatively recent phenomenon is the explosion of the contractual
consistent to create, in effect, a substantive multi state law.1252 If certainty
and predictability are lacking, the problem resides not in the holdings of the
cases, but in the fact that the opinions fail to lay bare the actual reasons that
motivateda particular decision.
Conflicts of Laws for the Third Millennium
purpose of applying to each legal situation the law that is the most appro-
priate, the closest, and we realize that the forum's law is not always the
one to be applied. It is not a blind, but amotivated, justified, selection.
We accept a foreign law out of a
of the world. As a
result of mutual solidarity and fair distribution of the benefits of economic
development, moreover, the standard of living in the Union's weaker
regions has increased enormously ....
Fifty years on, however, the Union stands at a crossroads, a defin-
ing moment in its
national law, that is from those who champion the rule of law in the life of
nations. I9 This is not the place to attempt to resolve these questions, yet they
16 See, e.g., Danny Abir, Note, Suing a Foreign Government: A Note on Siderman v. Republic
of Argentina, 15 WHITTIER 1. REV. 575 (1994); David
sourcing contracts, the primary force motivating both parties throughout the contract’s implementation is maintaining their legal relationship. The seller hopes to sell next year’s harvest to the buyer, and the buyer wants to develop a reliable continuing supply. If there is a legal flaw in the manner in
again the need to create distance from the rigid territorial rules.
This trend was principally motivated by severe criticism voiced by schol-
ars against the concept of vested rights.29 The guiding principal, as put
ognized by English Courts." A.V. DICEY, A DIGEST OF THE LAW OF ENGLAND WITH
which the victim
and the offender had known each other, very often married or living together,
now the number of homicides committed to a person unknown to the offender,
or homicides having the characteristics of reckoning have been increasing.
The latter feature leads to the forms of crime which