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Prior law holds that the law of the place of wrong controls as to whether one spouse is immune from suit in tort by the other. This was the prevailing view in the majority of jurisdictions in this country. Annotation 22 A.L.R.2d 1248, 1251-1253, entitled, 'Conflict of laws as to right of action between husband and wife or parent and child.' It is also the rule adopted in Restatement, Conflict of Laws, p. 457, sec. 378, and p. 470, sec. 384(2). However, criticism of the rule by legal writers, some of them recognized authorities in the field of conflict of laws, and recent decisions by the courts of California, New Jersey, and Pennsylvania, have caused us to re-examine the question afresh.


The law of the domicile, and not the place of wrong, should be applied in determining whether a wife had capacity to sue her husband in tort. Pages 248-250 and 345-346 of text. Also, in 1942, Max Rheinstein in an article in 41 Michigan Law Review 83, 97, advocated that the law of domicile should be applied in conflict of laws situations to determine whether there is an immunity for tort grounded on family relationship. Ernst Rabel, ...

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