8.01 Does the institution of legal proceedings have any impact upon the nature or quality of a monetary obligation? At first sight it is tempting to answer this question in the negative. The commencement of legal process is a procedural step which is designed to enforce a pre-existing obligation; such a step should therefore have no effect upon the substance of the obligation at issue. This view can only be reinforced when it is considered in a private international law context, where the substance of the obligation is governed by its applicable law whilst...
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