Conflict of LawsCambridge University Press, 2001 M09 27 - 403 pages This clear and authoritative introduction to the principles of private international law, a complex and rapidly changing area, now appears in a revised and fully updated form. In this new third edition, the chapters on tort, jurisdiction, and staying of actions have been almost entirely rewritten. The chapter on the Brussels and Lugano Conventions has been recast and expanded. The growing influence of European Union law on U.K. private international law is evident in this new edition, which will be a valuable text for students and practitioners alike. |
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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Common terms and phrases
A. V. Dicey Abduction acquired a domicile adopted agreement applicable law apply arbitration Article Bank Brussels Convention capacity to marry child choice of law claim claimant common law concerned conflict of laws contract Court held Court of Appeal custody damages decided decision defendant determined divorce domicile domicile of choice domicile of origin domiciled in England effect enforcement English court English law European Court example foreign court foreign judgment foreign law France French law habitually resident House of Lords Ibid ILPr immovable Insurance issue Jurisdiction and Judgments law governing law rules lex causae lex fori lex loci lex loci celebrationis lex situs LI.R marriage matrimonial matter movables National parties person polygamous private international law proceedings proper law provides public policy question recognition refused renvoi statute stay tion tort trust United Kingdom