The Conflict of Laws

The Conflict of Laws
Author: Adrian Briggs
Publisher: Oxford University Press, USA
Total Pages: 417
Release: 2019-10-28
Genre: Conflict of laws
ISBN: 0198838506

This 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. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect it will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations, the private international law of property, of adults (the increasingly complex law of children is described in bare outline), 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 can often obscure the architecture of the subject and unnecessarily complicate its study. This new edition organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of the topic requires it to be interpreted as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing - and possibly for some time to come - the consequences of Brexit are a mystery, but the attempt is made to describe the various possible shapes which the subject will assume in the future. The book adopts a pragmatic approach 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 in giving legal advice.

Conflict of Laws: A Comparative Approach

Conflict of Laws: A Comparative Approach
Author: Cuniberti, Gilles
Publisher: Edward Elgar Publishing
Total Pages: 488
Release: 2022-02-18
Genre: Law
ISBN: 1839106530

Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.

Enforcement of International Contracts in the European Union

Enforcement of International Contracts in the European Union
Author: Johan Meeusen
Publisher: Intersentia nv
Total Pages: 404
Release: 2004
Genre: Conflict of laws
ISBN: 9050953727

The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.

Choice of Law in International Commercial Contracts

Choice of Law in International Commercial Contracts
Author: Oxford Editor
Publisher:
Total Pages: 1392
Release: 2021-03
Genre:
ISBN: 9780198840107

This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.

Drafting International Contracts

Drafting International Contracts
Author: Marcel Fontaine
Publisher: BRILL
Total Pages: 675
Release: 2006
Genre: Business & Economics
ISBN: 1571053557

"Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

The Conflict of Laws

The Conflict of Laws
Author: John Humphrey Carlile Morris
Publisher:
Total Pages: 688
Release: 2000
Genre: Conflict of laws
ISBN:

This text covers the broad area of private international law. The fifth edition has incorporated the major developments to have occurred in this area, including: changes brought about by statute, for example, the Private International Law (Miscellaneous Provisions) Act 1995; developments in the EU; and decisions of the English courts, such as those on the Hague Child Abduction Convention.