French Rules of the Conflict of Laws, 38 Yale Law Journal 165 (1928)
1. Capacity. Capacity to contract is regarded by Anglo-American law as one of the operative facts of a legal transaction, and as subject to the law governing the validity of the particular transaction in general. On the continent it is felt that, insofar as any disability to contract is intended for the protection of the party in question, it should follow such party· into other states. For this reason the capacity of persons to contract was controlled in France, until the adoption of the Code Napoleon, by the law of domicil. Since then the law of nationality has been in force.
Article 3, paragraph 3 of the French Civil Code provides: "Laws 1·elating to status and capacity of persons apply to French people, even residing in a foreign country."
Date of Authorship for this Version
Lorenzen, Ernest G., "French Rules of the Conflict of Laws (Part 3)" (1928). Faculty Scholarship Series. Paper 4570.