The conflict of laws
Author(s)
Bibliographic Information
The conflict of laws
Sweet & Maxwell, 1993
4th ed. / by David McClean
- Other Title
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Morris, The conflict of laws
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Note
Previous ed.: London : Stevens, 1984
Includes bibliographical references and index
Cover and spine title: Morris, The conflict of laws
Description and Table of Contents
Description
The new edition of "Morris: The Conflict of Laws" intends to present material in a way that is both stimulating and clear. The new edition has been extensively updated. It covers the amendments and case law to the Judgements Act 1982 and updates the material on Foreign Judgements and Arbitration. Changes necessitated by the Children Act 1990 and Family Law Act 1986 are included in the chapters dealing with matrimonial causes and children. Recent legislation such as the Contracts (Applicable Law) Act 1990 and the Recognition of Trusts Act 1987 are covered as are the many developments in case law and Law Commission research such as that on the subject of Domicile.
Table of Contents
Nature and scope of the conflict of laws. Domicile. Proof of foreign law. The exclusion of foreign law. Sovereign and diplomatic immunity. Jurisdiction in actions in rem. Staying actions - lis alibi pendens and foreign jurisdiction clauses. Foreign judgments. Arbitration. Marriage. Matrimonial causes. Guardianship and the care of children. Legitimacy. Legitimation and adoption. Contracts. Torts. The distinction between movables and immovables. Immovables. The transfer of tangible movables. The assignment of intangible movables. Negotiable instruments. Governmental seizure of property. Administration of estates. Succession. The effect of marriage on property. Trusts. Substance and procedure. Renvoi. Characterisation. The incidental question. The time factor. Theories and methods.
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