Cheshires Private International Law
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Author | : Ugljesa Grusic |
Publisher | : Oxford University Press, USA |
Total Pages | : 1584 |
Release | : 2017-09-21 |
Genre | : Law |
ISBN | : 9780199678983 |
The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
Author | : James Fawcett |
Publisher | : OUP Oxford |
Total Pages | : 0 |
Release | : 2008-09-04 |
Genre | : Law |
ISBN | : 9780199284252 |
The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including the newly finalised Rome II Regulation. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field.
Author | : Richard Frimpong Oppong |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2013-09-12 |
Genre | : Law |
ISBN | : 0521199697 |
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author | : Richard Fentiman |
Publisher | : Clarendon Press |
Total Pages | : 378 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780198258780 |
This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
Author | : Ekaterina Aristova |
Publisher | : Bloomsbury Publishing |
Total Pages | : 456 |
Release | : 2022-02-24 |
Genre | : Political Science |
ISBN | : 1509947604 |
What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
Author | : Paras Diwan |
Publisher | : |
Total Pages | : 778 |
Release | : 1993 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Sagi Peari |
Publisher | : Oxford University Press |
Total Pages | : 345 |
Release | : 2018-03-30 |
Genre | : Law |
ISBN | : 0190622318 |
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Author | : Adrian Briggs |
Publisher | : OUP Oxford |
Total Pages | : 1671 |
Release | : 2013-04-25 |
Genre | : Law |
ISBN | : 019166863X |
Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.
Author | : Richard Garnett |
Publisher | : OUP Oxford |
Total Pages | : 496 |
Release | : 2012-03-08 |
Genre | : Law |
ISBN | : 0191629367 |
When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Author | : Verónica Ruiz Abou-Nigm |
Publisher | : |
Total Pages | : 0 |
Release | : 2021-05-26 |
Genre | : Law |
ISBN | : 9781474447867 |
Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.