Allegation and proof of Foreign Law: comment on the Judgment of High Court of 21 July 2021

Abstract

The allegation and proof of foreign law has been the subject of a huge number of pronouncements by our courts, as well as numerous doctrinal contributions. However, the same problems continue to arise, especially with regard to the burden of proof and the role of the courts in this matter. The present paper addresses the judgment of the High Court of 20 July 2021, which maintains the optional character of the intervention of the courts in the proof of foreign law, At the same time, it offers us some considerations about the means of proof, especially the expert report, which lead almost inexorably to the application of the lex fori.