Conflict of Laws

Front Cover
Cambridge University Press, 2001 M09 27 - 403 pages
"The English conflict of laws is a body of rules whose purpose is to assist an English court in deciding a case which contains a foreign element. It consists of three main topics, which concern respectively: (i) the jurisdiction of the English courts, in the sense of their competence to hear and determine a case; (ii) the selection of the appropriate rules of a system of law, English or foreign, which it is to apply in deciding a case before it (the rules governing this selection are known as 'choice of law' rules) and (iii) the recognition of and enforcement of judgments rendered by foreign courts or awards of foreign arbitrations. This clear and authoritative introduction to the principles of a complex and rapidly changing area of the law now appears in a revised and updated form, with a completely new chapter on trusts. It will continue to be a valuable text for students and practitioners alike. Book jacket."--BOOK JACKET.
 

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Contents

Table of cases
xxiv
General principles
1
Introduction
3
Characteristics of the English conflict of laws
8
Choice of law rules
11
Proof of foreign law
33
Domicile and residence
37
Substance and procedure
60
Property and succession
241
Property inter vivos
243
Succession
268
Matrimonial property relations
277
Trusts
286
Family law
293
Marriage
295
Matrimonial causes
319

Jurisdiction and foreign judgments
69
Jurisdiction of the English courts
71
Staying of English actions and restraint of foreign proceedings
84
Foreign judgments
109
Jurisdiction and judgments in the European Union and EFTA
131
Arbitration
179
Law of obligations
187
Contract
189
Tort
220
Children
334
Exclusion of foreign laws
357
Public policy
359
Theoretical considerations
373
Reasons for and basis of the conflict of laws
375
Public international law and the conflict of laws
384
Index
393
Copyright

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About the author (2001)

J. G. COLLIER is a fellow of Trinity Hall and Lecturer in Law at the University of Cambridge.

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