# Conflict of laws `kaal:entity:conflict-of-laws` **Status.** derived This node is assembled mechanically from the 11 claims that carry the concept tag `conflict-of-laws`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself. ## Every claim under this term 11 claims across 3 works, 2004 to 2025. **2004** - [617681-025](https://wulfkaal.github.io/claims/617681-025) [failure/argued] *(failure mode)* -- Conflict of laws problems become more complex and pose a much greater threat to the entire system of regulatory competition once a jurisdiction markets its corporate law as a separate product under Type B competition. > Conflict of laws problems, however, become more complex, and are a much greater threat to the entire system of regulatory competition, once a jurisdiction markets its corporate law as a separate product in Type B regulatory competition. Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681 - [617681-026](https://wulfkaal.github.io/claims/617681-026) [condition/argued] -- The success of Europe's experiment with Type B regulatory competition will turn largely on whether there is a clear understanding of what is corporate law and what is not. > The answer to such questions, and perhaps the success of Europe's experiment with Type B regulatory competition, will turn largely on whether there is a clear understanding of what is corporate law and what is not. Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681 - [617681-028](https://wulfkaal.github.io/claims/617681-028) [failure/argued] *(failure mode)* -- To the extent judges are biased toward expansively interpreting the reach of their own Member State's corporate law, corporations may unexpectedly be bound by rules of the state of incorporation on subject matter they believed lay outside corporate law. > To the extent judges are biased in favour of expansively interpreting the reach of their own Member State's corporate law, corporations might unexpectedly be bound by the Member State of incorporation's rules governing subject matter such as takeover defenses, Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681 - [617681-029](https://wulfkaal.github.io/claims/617681-029) [design/argued] -- A single body of arbitrators affiliated through an association is better positioned than the courts of separate Member States to develop a systematic and consistent approach to the conflict of laws problems unique to the incorporation theory. > A single body of arbitrators, affiliated through an association, is theoretically at least in a better position to develop a more systematic and consistent approach to conflict of laws problems unique to the incorporation theory. Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681 **2025** - [5554218-004](https://wulfkaal.github.io/claims/5554218-004) [condition/argued] -- National courts and national law cannot be excluded from smart contract disputes, because almost all legal systems grant contracting parties an emergency or exorbitant jurisdiction whenever a party can show it would otherwise have no forum in which to bring its action. > The jurisdiction of a national court and the application of national law to disputes arising from smart contracts cannot be excluded because almost all legal systems provide the parties to contracts with an emergency jurisdiction Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218 - [5554218-011](https://wulfkaal.github.io/claims/5554218-011) [failure/argued] *(failure mode)* -- Harmonized standards and innovative dispute resolution mechanisms are only partial answers, because they cannot keep pace with the continuously evolving technical requirements of digital assets and smart contracts. > Harmonized standards and innovative dispute resolution mechanisms offer potential solutions, but run short of fulfilling the ever evolving technical requirements in the rapid evolution of digital assets and smart contracts. Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218 - [5554218-012](https://wulfkaal.github.io/claims/5554218-012) [failure/argued] *(failure mode)* -- The authors contest the prevailing scholarly proposition that harmonized conflict of laws principles are necessary to govern digital assets across common and civil law jurisdictions, arguing that this proposition misconstrues the foundational ethos of blockchain technology. > The proposition that harmonized conflict of laws principles are necessary to govern digital assets across common law and civil law jurisdictions, as advocated by scholars like Aleinieh, Zoboli, Atiyah, and Kasatkina, misconstrues the foundational ethos of blockchain technology Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218 - [5554218-014](https://wulfkaal.github.io/claims/5554218-014) [design/argued] -- Conflict of laws rules should instead be used as a vehicle for implementing innovative national legal systems that utilize decentralized governance models and respect the autonomy of blockchain. > conflict-of-laws rules should be used to implement innovative national legal systems that utilize decentralized governance models and respect the autonomy of blockchain. Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218 - [5554218-029](https://wulfkaal.github.io/claims/5554218-029) [failure/argued] *(failure mode)* -- Neither conflict of laws nor legal harmonization can supply a sustainable, systemic solution, because both approaches result in the fossilization of legal relationships. > We have also demonstrated that neither conflict of laws nor legal harmonization can provide a sustainable, systemic solution. Ultimately, these approaches result in the fossilization of legal relationships, Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218 - [5554218-035](https://wulfkaal.github.io/claims/5554218-035) [design/argued] -- Embedding choice-of-law protocols directly within smart contracts gives clarity on the governing law and reduces the risk of conflicting interpretations across jurisdictions. > By embedding choice-of-law protocols within smart contracts, UDLC provides clarity on the governing law, reducing the risk of conflicting interpretations. Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218 - [5886342-022](https://wulfkaal.github.io/claims/5886342-022) [design/argued] -- Where the applicable national property law conflicts directly with the digital ownership provisions of the Codex, the parties undertake by contract not to initiate proceedings to enforce the conflicting national rights or to bring claims based on them. > and spirit of this Book, the Parties hereby undertake not to initiate any legal steps or proceedings to en- force such rights or to make any claims based on these. Furrer Andreas, Wulf A. Kaal, Stephan D. Meyer, Universal Digital Law Codex (UDLC) (2025). SSRN: https://ssrn.com/abstract=5886342 ## Verify Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust. curl -s https://wulfkaal.github.io/entities/conflict-of-laws.md | sha256sum **Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.