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Introducing conflict of laws, this text considers the problems and the possibilities of conflict adjudication before examining the major areas of conflict law: jurisdiction and the recognition of judgements, the law of obligations, family law and the law of property.
Friedrich K. Juenger on the conflict of laws is always worth attending to. Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice. Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection. Published under the Transnational Publishers imprint.
This book is an in-depth, comparative study of the nature of civil & commercial law & of its development in the PRC. It focuses on the very complex interrelations & interactions between Party & state policies & measures, scholars' theoretical efforts & the development of civil & commercial law, especially the development of the institutions of legal personality & of property rights in the PRC. It also analyses the underlying influences of foreign legal systems & legal theories as well as the difficulties experienced by Chinese law makers & scholars in applying these theories. The book provides fresh insights into the role of law & the transformation of Chinese civil & commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil & commercial law in contemporary China.
Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.
This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.