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9 Statutes of Limitation

James J. Fawcett

From: Substance and Procedure in Private International Law

Richard Garnett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2020

Statutes of limitation — Overriding mandatory rules — Public policy — Rome Convention — Rome I Regulation and choice of law — Jurisdiction and the English courts — Limitations on jurisdiction — Scope of the law applicable under the Rome II Regulation
9.01 It was noted in Chapter 2 that the traditional common law approach to the classification of substance and procedure was based on the right / remedy distinction. According to this distinction, where a law merely prevents enforcement of a remedy it was considered procedural but where the law extinguished the right it was classified as substantive. The right / remedy distinction had its most direct application in the area of statutes of limitation. Certain statutory provisions (especially from European civil law countries) were considered to be ‘prescriptive’...
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