A BILL TO BE ENTITLED AN ACT TO PROTECT RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES AND NORTH CAROLINA CONSTITUTION IN THE APPLICATION OF FOREIGN LAW.
Senate committee substitute makes the following changes to the 2nd edition.
Deletes all of the provisions of the 2nd edition. Instead, enacts a new Article 7A, Application of Foreign Law, in GS Chapter 1.
Defines the following terms as they are used in this act: (1) fundamental constitutional right, (2) foreign law, and (3) foreign venue or forum.
Recognizes that the US Constitution and the Constitution of North Carolina constitute the supreme law of this state. Declares that is the public policy of North Carolina to protect its citizens from the application of foreign law that would result in the violation of a fundamental right of a natural person.
Declaresthat no court, administrative agency, arbitrator, mediator, or other entity or person acting under authority of state law may applya law of another country if it would violate a legal or constitutional right of one or more natural persons who are parties to the proceeding.Prohibits a court, or any other entity or person acting under the authority of state law,from applyinga foreign law in any legal proceeding involving, or recognize a foreign judgment involving, a claim for absolute divorce, divorce from bed and board, child custody, child support, alimony, or equitable distribution if doing so would violate a fundamental constitutional right of one or more natural persons who are parties to the proceedings.
Requires strict construction and modification of contracts involving choice of a forum venue or forum to protect constitutional rights. Provides for when a motion to transfer proceedings to a foreign venue or forum is to be denied. Makes null and void any contract provision or agreement that is incapable of being modified or amended under this article in order to preserve the legal and constitutional rights of the natural persons who are parties to the contract or agreement. Provides for the strict construction of waivers.
Declares that the provisions of this act will apply only to proceedings or matters under GS Chapters 50 and 50A.
Rewrites the long and short title of this act to reflect the change in bill content.
Provides that this act becomes effective September 1, 2013, and applies to agreements and contracts entered into on or after that date.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.