Avizandum Legislation on International Private Law 5th Edition

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Avizandum Legislation on International Private Law 5th Edition

Edited by Elizabeth Crawford · Janeen Carruthers
Edinburgh University Press August 2020

Specifications

ISBN-13
9781474474078
Publisher
Edinburgh University Press
Publication
August 2020
Format
Paperback
Jurisdiction
Scotland ? Countri(es) for reference only

Details

Collects the core legislation and other relevant materials for international private law as it pertains to Scotland.

  • Contains UK and Scottish statutes and statutory instruments, EU materials and international conventions
  • Covers prospective amendments relating to jurisdiction and judgment enforcement and applicable law consequent to the UK’s exit from the EU
  • Reproduces post-31.12.20 provisions in parallel with pre-31.12.20 law
  • New material includes the EU Exit regulations, Brussels II bis Recast and the 2019 Hague Convention

International private law has become increasingly legislation based and subject to European and global regulation. It is essential for students to have ready access to the statutes and other core materials. This volume provides ready access to a wide-ranging selection of materials on those areas of private law in which a foreign element may arise.

Table of Contents

Preface
Preface to First Edition

Part I: Statutes (UK and ASP)
Foreign Marriage Act 1892, ss 1, 4(3), 7, 8, 13, 18, 19, 22, 23
Administration of Justice Act 1920, ss 9, 12, 14
Foreign Judgments (Reciprocal Enforcement) Act 1933
Maintenance Orders Act 1950, ss 16–18, 21, 22, 27
Wills Act 1963
Succession (Scotland) Act 1964, ss 8, 9
Administration of Estates Act 1971, ss 1–6.
Maintenance Orders (Reciprocal Enforcement) Act 1972, ss 1, 2, 5–9, 21, 25, 26, 31
Matrimonial Proceedings (Polygamous Marriages) Act 1972, s 2.
Domicile and Matrimonial Proceedings Act 1973, ss 1, 4, 7, 8, 8A, 10, 11,
Schs 1B, 3, paras 8,9.
Prescription and Limitation (Scotland) Act 1973, s 23A
Evidence (Proceedings in Other Jurisdictions) Act 1975, s 1
Divorce (Scotland) Act 1976, s 3A.
Marriage (Scotland) Act 1977, ss 1, 3–3B, 5, 7, 20, 20A, 22
Unfair Contract Terms Act 1977, s 27
Adoption (Scotland) Act 1978, ss 38, 39, 41–44
State Immunity Act 1978, ss 1–6, 9, 14
Civil Jurisdiction and Judgments Act 1982, ss 1–23, 27, 28, 30–35, 41–45, 49, 50, Schs 2, 4, 6–8
Matrimonial and Family Proceedings Act 1984, ss 28, 29, 29A
Child Abduction and Custody Act 1985, ss 1–9, 24A, 25, Sch 1
Family Law Act 1986, ss 8–15, 17–18, 25–42, 44–52, 54
Recognition of Trusts Act 1987, s 1, Schedule
Contracts (Applicable Law) Act 1990, Schs 1, 3
Foreign Corporations Act 1991, s 1
Children (Scotland) Act 1995, s 14
Private International Law (Miscellaneous Provisions) Act 1995, ss 7, 9–15B
Scotland Act 1998, ss 29, 30, 57, 126, Sch 5, para 7 1
Adoption (Intercountry Aspects) Act 1999, ss 1, 2, 17, 18, Sch 1
Immigration and Asylum Act 1999, ss 24, 24A
Adoption and Children Act 2002, ss 83–89, 91, 105.
Civil Partnership Act 2004, ss 1, 85, 86, 125, 210–219, 225–227, 233–238
Family Law (Scotland) Act 2006, ss 4, 22, 25–29A, 38–41
Adoption and Children (Scotland) Act 2007, ss 39, 40, 58–70, 119
Human Fertilisation and Embryology Act 2008, s 54
Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011
Defamation Act 2013, s 9
Marriage (Same Sex Couples) Act 2013, ss 1, 9–11, 13, 15, 20
Anti-Social Behaviour, Crime and Policing Act 2014, ss 121, 122
Marriage and Civil Partnership (Scotland) Act 2014, ss 4, 9–11, 28(3)
Succession (Scotland) Act 2016, ss 1, 2, 9
Bankruptcy (Scotland) Act 2016, s 15

Part II: Statutory Instruments
Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures) (Scotland) Order 1997, arts 2, 3 186 (v)
Civil Jurisdiction and Judgments Order 2001, regs 2–3A, Sch 1 Cross–Border Insolvency Regulations 2006 .
190
Adoption (Recognition of Overseas Adoptions) Order 2013

Part III: Scottish Statutory Instruments
Registration of Foreign Adoptions (Scotland) Regulations 2003, regs 1, 2, 7
European Communities (Matrimonial and Parental Responsibility
Jurisdiction and Judgments) (Scotland) Regulations 2005, regs 1, 6, 7
Divorce (Religious Bodies)(Scotland) Regulations 2006, regs 1, 2
Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) (Scotland) Regulations 2008
Adoptions with a Foreign Element (Scotland) Regulations 2009
Parental Responsibility and Measures for the Protection of Children
(International Obligations) (Scotland) Regulations 2010
International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012
Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013
Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 2014

Part IV: European Materials
Treaty on the functioning of the European Union (Consolidated version), art 81
Treaty establishing the European Community (Amsterdam consolidated version) (‘Treaty of Amsterdam’), Arts 61, 65 Protocol (No 21) to the Treaty of European Union and the Treaty on the functioning of the European Union in respect of freedom, security and justice
Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘Brussels I’)
Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (‘Brussels II bis’)
Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims
EC/Denmark agreement of 19 October 2005 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (‘Rome II’)
Regulation (EC) 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters
Regulation (EC) 593/2008 on the law applicable to contractual obligations (‘Rome I’)
Council Regulation (EC) 4/2009 in matters relating to maintenance obligations
Council Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (‘Rome III’)
Regulation (EU) No 650/2012 in matters of succession and on the creation of a European certificate of succession
Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (‘Brussels I recast’)
EC/Denmark agreement implementing Regulation (EU) 1215/2012
Regulation (EU) No 655/2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters.
Regulation (EU) 2015/848 on insolvency proceedings (‘Insolvency Regulation recast’)

Part V: International Conventions
Hague Convention on the Civil Aspects of International Child Abduction 1980: see Child Abduction and Custody Act 1985
Hague Convention on the Law Applicable to Trusts and on their Recognition 1986: see Recognition of Trusts Act 1987
Rome Convention on the Law Applicable to Contractual Obligations: see Contracts (Applicable Law) Act 1990
Hague Convention in respect of parental responsibility and measures for the protection of children (1996)
Hague Convention on Choice of Court Agreements (2005)
Hague Convention on international recovery of child support and family maintenance (2007)
Lugano Convention on jurisdiction and the enforcement of judgments

Index of Legislation
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