Definition and example of Dépeçage
Dépeçage is defined as a “cutting up,dismembering, carving up.” In a legal setting “dépeçage” is “a court’s application of different state laws to different issues in a legal dispute; choice of law on an issue-by-issue basis.” In other words, dépeçage is “the process of cutting up a case into individual issues, each subject to a separate choice-of-law
analysis.”
For example, A contract was perfected in State A and will be perfected in State B. The contract was rescinded because of fraud. Under State B's laws, if a contract is rescinded, no party can claim any damages but under State A's laws, damages may be awarded as long as there is fraud.
analysis.”
For example, A contract was perfected in State A and will be perfected in State B. The contract was rescinded because of fraud. Under State B's laws, if a contract is rescinded, no party can claim any damages but under State A's laws, damages may be awarded as long as there is fraud.
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