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NC H640
Bill
Status
4/5/2011
Primary Sponsor
George Cleveland
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AI Summary
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Adds Article 7A to North Carolina General Statutes to prohibit application of foreign law that would violate rights guaranteed by the North Carolina or United States Constitutions.
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Defines "foreign law" as laws from foreign venues and "constitutional right" as rights guaranteed by the North Carolina or U.S. Constitutions; excludes U.S. states, territories, and governments subject to the Full Faith and Credit Clause.
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Requires courts, administrative agencies, arbitrators, mediators, and other State-authorized entities to refuse application of foreign law if it would violate constitutional rights.
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Mandates modification or amendment of contracts or agreements providing for foreign law or foreign venue choice to preserve parties' constitutional rights; voids any contractual provisions that cannot be modified to preserve constitutional rights.
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Strictly construes any waivers of constitutional rights in contracts and preserves the right of natural persons to voluntarily restrict their own constitutional rights through specific written waiver consistent with constitutional principles.
Legislative Description
Foreign Laws/Protect Constitutional Rights
Last Action
Ref To Com On Judiciary Subcommittee C
4/6/2011