The conflict of laws
Author(s)
Bibliographic Information
The conflict of laws
Sweet & Maxwell, 2000
5th ed. / by David McClean
- Other Title
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Morris: The conflict of laws
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
This fifth edition of an established and popular textbook on the conflict of laws, sometimes described as Private International Law, builds upon the strengths of previous editions and incorporates changes brought about by: * Statute, e.g. the Private International Law (Miscellaneous Provisions) Act 1995 * The European Union, notably the continuing revision of the texts derived from the Brussels Convention 1968 and the increasingly important case law of the ECJ * Case law developments and the growing volume of decisions of the English courts, e.g., those on the Hague Child Abduction Convention and, more generally, affecting the conduct of international litigation
Table of Contents
Introduction to the conflict of laws. Personal connecting factors. The exclusion of foreign law. Sovereign and diplomatic immunity. Jurisdiction. Staying actions: Forum non conveniens, Lis alibi pendens and jurisdiction clauses: Foreign judgements. Foreign arbitral awards. Marriage. Matrimonal causes: Guardianship and the care of children. Legitimacy, legitimation and adoption. Contracts. Torts. Property. Administration of Estates. Succession. The effect of marriage on property. Substance and procedure. Characterisation, the incidential question and renvoi. The time factor. Theories and methods.
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