Conflict of Laws

Dicey, Morris & Collins on the Conflict of Laws, 15th Edition

Edited by Lord Collins of Mapesbury · Professor C G J Morse · Professor David McClean · Professor Adrian Briggs · Professor Jonathan Harris · Professor Campbell McLachlan · Professor Andrew Dickinson · Professor Peter McEleavy
Sweet & Maxwell U.K. October 2012

Specifications

ISBN-13
9780414024533
Publisher
Sweet & Maxwell U.K.
Publication
October 2012
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Renowned worldwide as the foremost authority on private international law, Dicey, Morris & Collins on the Conflict of Laws:

  • Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems, dealing (in volume 1) with general principles, procedure, state immunity, jurisdiction of courts, enforcement of foreign judgments and international arbitration, before covering (in volume 2) family law, property law, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations
  • Sets out the nature and scope of conflict of laws, the interpretation of statutes which implement international conventions and the operation of statures in the conflict to laws
  • Defines a range of geographical and technical terms used in conjunction with conflict of law 
  • Deals with two matters of considerable theoretical difficulty: first, characterisation, the fundamental problem of conflict of law systems applicable in England and other European countries; and, second, the incidental question, where a subsidiary matter could be governed by the law of a foreign country whilst the main matter is governed by English rule of conflict of law
  • Looks at the factor of time in conflict of laws, such as changes in the law or the circumstances on those involved
  • Deals with the meaning of the expression of “law of a country” and what it entails
  • Covers the exclusion in England of a foreign rule on grounds of public policy or refusal of English courts to enforce foreign public law or acts
    Deals with the rules for ascertaining the domicile and residence of a natural person
  • Looks at procedural questions, including the distinction between matters of substance and matters of procedure, remedies and process, evidence, set-off and counterclaims, priorities and damages, and statutes of limitation
  • Covers a number of significant issues which arise in the conduct of international litigation
  • Looks at the mode of proving foreign law
  • Deals with the jurisdiction of the court in claims, the enforcement of judgments, and with arbitration and the enforcement of foreign awards
  • Deals with jurisdictional immunities of foreign States, diplomats and consul, and members of international organisations
  • Explains the enforcement and recognition in England or foreign judgments
  • Deals with the law governing arbitration agreements and procedure
  • Covers specific areas of law including family law, law of property, corporations, insolvency and bankruptcy, the law of obligations including contract, tort, unjust enrichment and foreign currency obligations

Table of Contents

VOLUME ONE

Part 1: Preliminary Matters
1. Nature and scope of conflict of laws
2. Characterisation and the incidental question
3. The time factor
4. Renvoi
5. The exclusion of foreign law
6. Domicile and residence

Part 2: Procedure
7. Substance and procedure
8. International litigation
9. Proof of foreign law

Part 3: Jurisdiction and Foreign Judgments
10. Jurisdictional immunities
11. Jurisdiction in claims in personam
12. Forum non conveniens, lis alibi pendens, anti-suit injuntions and jurisdiction agreements
13. Jurisdiction in admiralty claims in rem
14. Foreign judgments
15. Jurisdiction and enforcement of judgments under multilateral conventions
16. Arbitration and foreign awards

VOLUME TWO

Part 4: Family Law
17. Marriage
18. Matrimonial clauses
19. Children
20. Legitimacy, legitimation and adoption
21. Mental incapacity

Part 5: Law of Property
22. Nature and situs of property
23. Immovables
24. Particular transfer of movables
25. Governmental acts affecting property
26. Administration of estates
27. Succession
28. The effect of marriage on property
29. Trusts

Part 6: Corporations and Insolvency
30. Corporations and corporate insolvency
31. Bankruptcy

Part 7: Law of Obligations
32. Contracts: General rules
33. Particular contracts
34. Restitution
35. Torts
36. Foreign currency obligations
Appendices
Index

Reviews

“The 14th edition ensures that Dicey remains a truly great piece of legal scholarship whose scope and detail is unsurpassed” – Lloyd’s Maritime and Commercial Law Quarterly

 

“… these two volumes are beautifully presented and expressed. The coverage of this work is extraordinarily comprehensive, in the range of issues addressed, in the depth and detail of analysis, and in the range of countries whose law is considered. Both as a reference and as a work in which to immerse oneself more profoundly, its reputation for excellence will be enhanced and entrenched by this new edition … The quality and depth of the analysis in this edition will ensure its continued influence. This work is an essential resource for practitioners as well as for academics. It continues to establish the standard of excellence for scholarship in the conflict of laws. This edition maintains Dicey’s status as the classic work in the field” – Journal of Private International Law



 “Sir Lawrence Collins and his colleagues have succeeded in giving us an even better edition of what older generations called ‘Dicey & Morris’. The work remains the gold standard in texts on conflict of laws. … The editors of Dicey, Morris & Collins have given us a work of scholarly magnificence that will be treasured by practitioners and academics alike.” - Arbitration



“Overall, the new edition more than justifies Dicey’s continuing place at the high altar of common law practitioner works. … Those whose profession or business involves them in cross-border litigation or transactions, or who pride themselves on the quality of their law library, should make sure that a copy of Dicey, Morris & Collins lies readily to hand.” - Law Quarterly Review



“The 14th edition of Dicey, Morris & Collins is a significant contribution to the literature on the conflict of laws.” Civil Justice Quarterly



“… Dicey, Morris and Collins remains the essential reference book for every practitioner and academic with an interest in the conflict of laws. … Dicey remains a formidable book and continues to provide an essential step in any consideration of the conflict of laws” – British Yearbook of International Law



"Dicey, Morris & Collins is remarkably comprehensive in its coverage". – British Yearbook of International Law



"In terms of its status and reputation, it is difficult to think of any other text book which can be as confidently cited in the English Courts. Dicey is referred to regularly by judges at all levels and in many diverse fields". – British Yearbook of International Law

 

“Dicey remains the repository of answers, admirably absorbing, accommodating and authoritatively explaining the myriad legislative contributions to modern private international law.” - Lloyd, Maritime and Commercial Law Quarterly

 


"The 14th edition ensures that Dicey remains a truly great piece of legal scholarship whose scope and detail is unsurpassed". - Lloyd, Maritime and Commercial Law Quarterly




“… these two volumes are beautifully presented and expressed. The coverage of this work is extraordinarily comprehensive, in the range of issues addressed, in the depth and detail of analysis, and in the range of countries whose law is considered. Both as a reference and as a work in which to immerse oneself more profoundly, its reputation for excellence will be enhanced and entrenched by this new edition … The quality and depth of the analysis in this edition will ensure its continued influence. This work is an essential resource for practitioners as well as for academics. It continues to establish the standard of excellence for scholarship in the conflict of laws. This edition maintains Dicey’s status as the classic work in the field” – Journal of Private International Law

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