A modern approach to the incidental question
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Bibliographic Information
A modern approach to the incidental question
Kluwer Law International, 1997
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Note
Includes bibliographical references (p. 257-266) and index
Description and Table of Contents
Description
The incidental question in conflict of laws has never been adequately discussed and no consensus has emerged from the literature or case law. This book offers a new approach to the incidental question, based on a shift in the method of analysis of the problem and on result-selecting techniques. Using a clearly defined methodology, preference rules are deduced which will determine the outcome of the incidental question in each particular type of situation. The work offers methodology which can be adapted to any legal system. The author concludes that the ideal solution would be for the preference rules suggested to be incorporated into the Hague Convention dealing with the topic in question. The work is aimed at those working in the field of private international law.
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