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Conflict of Laws: A Comparative Approach - Text and Cases

Conflict of Laws: A Comparative Approach - Text and Cases

Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
ISBN: 9781785365959

Published In: February 2017
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781785365935

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Description
Contents

Details

The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply.

Contrary to other manuals or casebooks, which focus on the law of one jurisdiction, this innovative casebook offers a comparative treatment of the field. On each issue, materials from several jurisdictions are discussed and compared.

The approach centers on comprehending the common principles of the field, but also highlights the fundamental differences. The goal is to train lawyers who not only will know the law of their own jurisdiction, but also will have an understanding of the key differences existing between the main models, and will thus be able to interact usefully with clients from other jurisdictions.

This casebook systematically presents and compares the laws of four jurisdictions: the United States, the European Union, France and England (where left untouched by EU harmonization). It offers additional insight into rules applicable in China and Japan and also discusses remarkable solutions adopted in a wide range of jurisdictions such as Italy, Germany, the Netherlands, Canada and Tunisia. All materials from non-English speaking jurisdictions have been translated into English.

Key features of the casebook:-

written by a leading authority in the field
carefully selected extracts from primary and secondary sources build a clear picture of the field
expert analytical commentary and questions set the extracts in context
US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments
numerous references to Chinese and Japanese solutions
leads students through the field from beginning to end
perfectly pitched for international students and courses with a global outlook.

Introduction

PART I Choice of Law
1. Competing Methodologies
2. The Choice of Law Process

PART II JURISDICTION
3. General Rules
4. Parallel Litigation
5. Choice of Court Agreements

PART III FOREIGN JUDGEMENTS
6. Foreign Nation Judgements
7. Sister States Judgements

PART IV CONTRACTS
8. Jurisdiction in Contractual Matters
9. Choice of Law in Contractual Matters

PART V TORTS
10. Choice of Law in Tort Matters

PART VI MARRIAGE
11. Validity of Marriage
12. Divorce
Index