Sec. 271.007. LAW GOVERNING VALIDITY OR ENFORCEABILITY OF TERM OF AGREEMENT RELATING TO QUALIFIED TRANSACTION. (a) Except as provided by Section 271.008(b), 271.009, 271.010, or 271.011 or by Chapter 272, this section applies if:
(1) the parties to a qualified transaction agree in writing that the law of a particular jurisdiction governs the validity or enforceability of an agreement relating to the transaction or a provision of the agreement;
(2) the transaction bears a reasonable relation to that jurisdiction; and
(3) a term of the agreement or of that provision is invalid or unenforceable under the law of that jurisdiction but is valid or enforceable under the law of the jurisdiction that has the most significant relation to the transaction, the subject matter of the transaction, and the parties.
(b) If this section applies:
(1) the law of the jurisdiction that has the most significant relation to the transaction, the subject matter of the transaction, and the parties governs the validity or enforceability of a term described by Subsection (a)(3); and
(2) the law of the jurisdiction that the parties agree would govern the validity or enforceability of the agreement or provision governs the validity or enforceability of the other terms of the agreement or provision.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 9 - Applicability of Law to Commercial Transactions
Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions
Section 271.002. Substantially Similar or Related Transactions
Section 271.003. Conflict-of-Laws Rules
Section 271.004. Determination of Reasonable Relation of Transaction to Particular Jurisdiction
Section 271.005. Law Governing Issue Relating to Qualified Transaction
Section 271.008. Applicability to Certain Real Property Transactions; Exceptions
Section 271.009. Exception: Marriage or Adoption
Section 271.010. Exception: Decedent's Estate
Section 271.011. Exception: Other Statute Specifying Governing Law