Conflict of Laws

Cheshire, North & Fawcett: Private International Law, 14th Edition

Edited by James Fawcett · Janeen Carruthers · Sir Peter North
Oxford University Press August 2008

Specifications

ISBN-13
9780199284252
Publisher
Oxford University Press
Publication
August 2008
Format
Hardback , 1536 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

New edition of this leading text has been fully updated to encompass all of the latest changes and developments in the field, including the newly finalised Rome II Regulation


Provides comprehensive coverage of the full range of private international law topics


Offers not only in-depth academic treatment of the principles, but an examination of important commercial topics within the subject, such as the private international law treatment of contracts, jurisdiction and enforcement of judgments, the transfer of property and trusts


Written by an expert team with a wealth of both academic and practical experience


Chapters on torts and restitution in the previous edition have been combined into one chapter, on non-contractual obligations


The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including the newly finalised Rome II Regulation. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law, a popular law school option.



It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by academics who both previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.


Readership: This is one of the leading students' textbooks in its field, particularly for more able students, but is also invaluable to practitioners.


 


 



Table of Contents

PART I: INTRODUCTION
1: Definition, nature and scope of private international law
2: Historical development and current theories
PART II: PRELIMINARY TOPICS
3: Classification
4: The incidental question
5: Renvoi
6: Substance and procedure
7: The proof of foreign law
8: Exclusion of foreign law
9: Domicil, nationality and residence
PART III: JURISDICTION, FOREIGN JUDGMENTS AND AWARDS
10: Jurisdiction of the English courts - an introduction
11: Jurisdiction under the Brussels and Lugano Conventions
12: The competence of the English courts under the traditional rules
13: Stays of English proceedings and restraining foreign proceedings
14: Limitations on jurisdiction
15: Recognition and enforcement of foreign judgments: the traditional rules
16: Recognition and enforcement of judgments under the Brussels and Lugano Conventions
17: Foreign arbitral awards
PART IV: THE LAW OF OBLIGATIONS
18: Contracts
19: Non-contractual obligations
PART V: FAMILY LAW
20: Marriage
21: Matrimonal causes
22: Declarations
23: Financial relief
24: Children
25: Legitimacy, legitimation and adoption
26: Mental disorder
PART VI: THE LAW OF PROPERTY
27: The distinction between movables and immovables
28: Immovables
29: The transfer of tangible movables
30: The assignment of intangible movables
31: Administration of estates
32: Succession
33: Matrimonial property
34: Trusts
Index

About the Author

James Fawcett, Professor of International Commercial Law, School of Law, University of Nottingham, Janeen Carruthers, Reader in Conflict of Laws, School of Law, University of Glasgow, and Peter North, Former Principal of Jesus College, Oxford, and Vice-Chancellor of Oxford University

Peter North

, Former Principal of Jesus College, Oxford, and Vice-Chancellor of Oxford University

Reviews

"This is an invaluable text for the practitioner faced with a private international law issue. It is clearly structured and the coverage is sufficently in depth to provide real answers to the type of questions which arise in practice." - Kirsty J Hood, Edinburgh Law Review


 


 



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