ABSTRACT

There are two forms of case where the problem of an incidental question and the question as to which law should apply has arisen. The first is drawn from the area of family law where problems arise in cases of remarriage and the second is drawn from the law of succession. Clearly, each case will depend on how the court classifies the questions and whether a clear distinction is drawn between the principal question and the secondary, or incidental, question. It is proposed to examine each of the subject areas in turn.