CONFLICT OF LAWS-THE NATURE OF STATUTES OF LIMITATION

Ringland S. Ed., Nancy J.

Journal: Michigan Law Review

Volume: 50

First Page: 302

Year: 1951

Bluebook Citation: 50 MICH. L. REV. 302 (1951)

Author: Nancy J. Ringland S Ed: all 5 publications


Abstract

Several recent cases have again focused the attention of the courts on the nature of statutes of limitation; the question is whether they are procedural or substantive. For purposes of the conflict of laws this distinction is important, for it is universally agreed that in conflicts cases the substance of the cause of action is governed by the law of the place where it accrued, and the procedural aspects are governed by the law of the forum. There is no doubt that the theory which holds the usual statutes of limitation procedural in nature prevails in this country today, but certain limitation statutes which purport to control statutorily created rights are generally considered substantive, and under this type of statute the law is not completely settled.

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