Conflict of Laws"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 |
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Abduction acquired action adopted agreement applicable law apply arbitration arise Article Bank capacity cause child choice of law claim claimant clause common law concerned conflict of laws connection contained contract Convention Court of Appeal custody damages decided decision defendant determined discussed domicile effect enforcement England English court English law European evidence example exclusive exist fact followed foreign court foreign law France German given governed granted ground habitually resident held House of Lords Insurance intended interests issue Italy judgment jurisdiction justice LI.R marriage married matrimonial matter means Minor obligation obtained origin parents parties person principles proceedings provides public policy question reason recognition refused regarded relating respect rules seems Shipping situation stay tion tort trust United Kingdom valid York