2021 Georgia Code
Title 1 - General Provisions
Chapter 3 - Laws and Statutes
§ 1-3-9. Effect and Enforcement of Foreign Laws

The laws of other states and foreign nations shall have no force and effect of themselves within this state further than is provided by the Constitution of the United States and is recognized by the comity of states. The courts shall enforce this comity, unless restrained by the General Assembly, so long as its enforcement is not contrary to the policy or prejudicial to the interests of this state.

(Orig. Code 1863, § 10; Code 1868, § 9; Code 1873, § 9; Code 1882, § 9; Civil Code 1895, § 9; Civil Code 1910, § 9; Code 1933, § 102-110.)

- Rights of citizens of other states or nations to sue or give evidence, § 1-2-10.

Uniform Foreign-Country Money Judgments Recognition Act, § 9-12-110 et seq.

Judicial enforcement of taxes imposed by other states, § 48-2-80.

- For article discussing convergence of standards governing limits of state's personal jurisdiction and applicability of state substantive law, see 9 J. of Pub. L. 282 (1960). For article advocating replacement of the lex loci delicti doctrine in Georgia with a national interest analysis approach, see 20 Mercer L. Rev. 1 (1969). For articles on conflict of law, see 34 Mercer L. Rev. 469 (1983) and 35 Mercer L. Rev. 417 (1984). For article discussing recent developments in the area of conflict of laws, see 39 Mercer L. Rev. 411 (1987). For article comparing "rules" and "analysis" approaches to choice of law, see 40 Mercer L. Rev. 869 (1989). For article, "An Essay on Illusion and Reality in the Conflict of Laws," see 70 Mercer L. Rev. 819 (2019). For note, "Interstitial Lawmaking: Uniformity or Conformity?" see 32 Mercer L. Rev. 1235 (1981).

ANALYSIS

• General Consideration
• When Doctrine of Comity Invoked
• When Doctrine of Comity Not Invoked
• Pleading and Proving Foreign Law

RESEARCH REFERENCES

Am. Jur. 2d.

- 16 Am. Jur. 2d, Conflict of Laws, § 7 et seq. 16B Am. Jur. 2d, Constitutional Law, § 1025 et seq. 44B Am. Jur. 2d, International Law, §§ 1 et seq., 13 et seq.

- 15A C.J.S., Conflict of Laws, §§ 1 et seq., 6 et seq. 48 C.J.S., International Law, §§ 5 et seq., 22 et seq., 26 et seq.

- Statute relating to liability of officers or directors of private corporation as penal within principle that penal laws will not be enforced extraterritorially, 25 A.L.R. 1428.

Conflict of laws as to contributory negligence, 32 A.L.R. 796.

Extraterritorial effect of confiscations of property and nationalization of corporations, 37 A.L.R. 726; 41 A.L.R. 745; 65 A.L.R. 1494; 139 A.L.R. 1209.

Reciprocity as affecting comity, 50 A.L.R. 30; 87 A.L.R. 973.

Inhibition by decree of divorce or statute of state or country in which it is granted, against remarriage, as affecting a marriage celebrated in another state or country, 51 A.L.R. 325.

Effect in third state of marriage valid where celebrated but void by law of domicile of parties, 51 A.L.R. 1412.

Applicability to contracts made or to be performed in another state or country, of a statute of the forum permitting persons injured to maintain action directly against indemnity insurer, 54 A.L.R. 515; 120 A.L.R. 855.

Death statute as a penal law within the rule that courts of one state or country will not enforce penal laws of another, 62 A.L.R. 1330.

Limitation applicable to cause of action created by statute of another state which allows a longer period than the statute of the forum, 68 A.L.R. 217; 146 A.L.R. 1356.

Bar of statute of nonclaim of decedent's domicile as affecting assertion of claim elsewhere, 72 A.L.R. 1030.

Duty of courts to follow decisions of other states, on questions of common law or unwritten law, in which the cause of action had its situs, 73 A.L.R. 897.

Conflict of laws as to character, form, and nature of action that may be brought upon a foreign contract, 74 A.L.R. 1331.

Nature of differences between lex loci and lex fori which will sustain or defeat jurisdiction of a cause of action for death arising under the law of another state or country, 77 A.L.R. 1311.

Conflict of laws as to construction and effect of will devising real property, 79 A.L.R. 91.

Action in one state or country on bond given pursuant to statute of another, 85 A.L.R. 847.

Jurisdiction of federal court or court of sister state of proceedings pursuant to state or foreign statute to compel arbitration, 85 A.L.R. 1124.

Right of personal representative appointed at the forum or in a jurisdiction where decedent was domiciled or where the tort occurred, to maintain action for death under foreign statute which provides that the action shall be brought by executor or administrator, 85 A.L.R. 1231; 52 A.L.R.2d 1170.

Conflict of laws as regards survival of cause of action and revival of pending action upon death of party, 87 A.L.R. 852; 42 A.L.R.2d 1170.

Conflict of laws as to conditional sale of chattels, 87 A.L.R. 1308; 13 A.L.R.2d 1312.

Assumption of or refusal to assume jurisdiction by court of one state or country, of action on contract involving foreign elements, 87 A.L.R. 1425; 90 A.L.R.2d 1109.

Lex loci or lex fori as the governing law as to whether the case or question is to be submitted to the jury or determined by the court, 89 A.L.R. 1278; 149 A.L.R. 775.

Conflict of laws as to period of limitation to enforce stockholders' statutory liability, 113 A.L.R. 510; 143 A.L.R. 1442.

Recognition of foreign marriage as affected by policy in respect of incestuous marriages, 117 A.L.R. 186.

Conflict of laws as to usury, 125 A.L.R. 482.

Constitutionality, construction, and application of compacts and statutes involving co-operation between states, 134 A.L.R. 1411.

Conflict of laws regarding deficiency in respect of debt secured by mortgage or deed of trust, 136 A.L.R. 1057.

Conflict of laws as to trusts inter vivos, 139 A.L.R. 1129.

Duty of courts of one state to recognize and give effect to decrees of divorce rendered in other states, as affected by constructive service of process or lack of domicile at divorce forum, 143 A.L.R. 1294; 1 A.L.R.2d 1385; 28 A.L.R.2d 1303.

Conflict of laws as to exercise of power of appointment, 150 A.L.R. 519.

Recognition of status created by foreign adoption or legitimation for purposes of testate or intestate distribution of decedent's estate in a jurisdiction in which such status could not have been created even in the case of one domiciled there, 153 A.L.R. 199.

Conflict of laws as regards brokerage contracts, 159 A.L.R. 266.

Enforceability of federal penal statutes in state courts, 162 A.L.R. 373; 172 A.L.R. 231.

Estoppel to assert invalidity of decree of divorce for lack of domicile at the divorce forum or failure to obtain jurisdiction of person, 175 A.L.R. 538.

Inclusion in domestic judgment or record, in action upon a judgment of a sister state, of findings respecting the cause of action on which the judgment in the sister state was rendered, 10 A.L.R.2d 435.

Conflict of laws as to chattel mortgages and conditional sales of chattels, 13 A.L.R.2d 1312.

Law governing validity and construction of, and rights and obligations arising under, a lease of real property, 15 A.L.R.2d 1199.

Conflict of laws as to survival or revival of wrongful death actions against estate or personal representative of wrongdoer, 17 A.L.R.2d 690.

Stay of civil proceedings pending determination of action in another state or country, 19 A.L.R.2d 301.

Conflict of laws as to partnership matters, 29 A.L.R.2d 295.

Conflict of laws as to elements and measure of damages recoverable for breach of contract, 50 A.L.R.2d 227.

Enforceability of provision in agreement for attorney's fees, valid in state of its execution or performance, but invalid under law of forum, 54 A.L.R.2d 1053.

What law governs employee's right to damages for wrongful discharge, 61 A.L.R.2d 917.

What law governs as to proper party plaintiff in contract action, 62 A.L.R.2d 486.

Right of state or its political subdivision to maintain action in another state for support and maintenance of defendant's child, parent, or dependent in plaintiff's institution, 67 A.L.R.2d 771.

Conflict of laws as to interest recoverable as part of the damages in a tort action, 68 A.L.R.2d 1337.

What law governs effect of release of one tort-feasor upon liability of another tort-feasor, 69 A.L.R.2d 1034.

Conflict of laws as to group insurance, 72 A.L.R.2d 695.

Extraterritorial recognition of, and propriety of counterinjunction against, injunction against actions in courts of other states, 74 A.L.R.2d 828.

Presumption as to law of foreign countries, 75 A.L.R.2d 529.

Choice of law in application of automobile guest statutes, 95 A.L.R.2d 12.

Law governing assignment of wages or salary, 1 A.L.R.3d 927.

Modern status of rule that substantive rights of parties to a tort action are governed by the law of the place of the wrong, 29 A.L.R.3d 603; 63 A.L.R.4th 167.

Conflict of laws as to presumptions and burden of proof concerning facts of civil case, 35 A.L.R.3d 289.

Conflict of laws as to right of action for loss of consortium, 46 A.L.R.3d 880.

Choice of law as to application of comparative negligence doctrine, 86 A.L.R.3d 1206.

Modern status of choice of law in application of automobile guest statutes, 63 A.L.R.4th 167.