Conflict of Laws
This project reexamines the increasingly important subject of conflict of laws in light of significant legal developments in the field since the influential Restatement Second was published in 1971.
Tentative Draft No. 5 (Electronic PDF)
Tentative Draft No. 5 contains material from Topic 3, Substance–Procedure Distinction, of Chapter 5 on Choice of Law and Topic 1, Marriage and Other Domestic Relationships, of Chapter 9 on Families. The membership voted to approve this draft at the 2025 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 4 (Electronic PDF)
Tentative Draft No. 4 includes material from Chapter 6, Torts; Chapter 7, Property; and Chapter 8, Contracts. At the 2023 Annual Meeting, the membership voted to approve this draft, subject to a motion to amend Section 6.03 passed at the Annual Meeting and subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 3 (Electronic PDF)
Tentative Draft No. 3 contains Topic 1, Introduction, of Chapter 5 on Choice of Law. The membership voted to approve this draft at the 2022 Annual Meeting, subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 2 (Electronic PDF)
Tentative Draft No. 2 includes Chapter 1, Introduction; Chapter 2, Domicile; and Topic 2, Foreign Law, of Chapter 5, Choice of Law. The membership voted to approve this draft at the 2021 Annual Meeting, subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 1 (Electronic PDF)
Tentative Draft No. 1 contains §§ 1.01-1.04 of Chapter 1, Introduction; §§ 2.01-2.09 of Chapter 2, Domicile; and §§ 5.06 -5.08 of Chapter 5, Topic 2, Foreign Law. This draft was prepared for consideration at the 2020 Annual Meeting, which was cancelled. The draft has not been considered by the membership of ALI and therefore does not represent the position of the Institute on any of the issues with which it deals. The draft may be revised or supplemented prior to consideration by the membership in 2021.