JavaScript seems to be disabled in your browser.
You must have JavaScript enabled in your browser to utilize the functionality of this website.

Customer Service

Currencies:HKD

Your Language:

Browse Books

Browse Books

Ask the Experts

Home >
Law >
Conflict of Laws >
Treatment of Foreign Law: Dynamics Towards Convergence?

Treatment of Foreign Law: Dynamics Towards Convergence?

Treatment of Foreign Law: Dynamics Towards Convergence?

Author: Yuko Nishitani
Publisher: Springer-Verlag
ISBN: 9783319565729
Published In: July 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,659.00

OR

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction.

Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as "law" and provide for the ex officio application and ascertainment of foreign law by judges.

Common law jurisdictions consider foreign law as "fact" and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional "law-fact" dichotomy. This book further examines the need for facilitating access to foreign law.

After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

List of Authors

I. General Report

Treatment of Foreign Law - Dynamics towards Convergence?

Yuko Nishitani

II. National Reports

A. National Reports I - Europe

1. Belgium, Foreign Law in Belgian Courts - From Theory to Practice

Patrick Wautelet

2. Croatia, Foreign Law Before Croatian Authorities - At the Crossroad?

Mirela Zupan

3. Czech Republic, Treatment of Foreign Law in the Czech Republic

Monika Pauknerova

4. Denmark, Foreign Law in Danish Civil Litigation: A pragmatic approach

Clement Salung Petersen

5. Estonia, Applying Foreign Law in Estonia - the Perspective of an e-State

Maarja Torga

6. France, The Evolving Balance between the Judge and the Parties in France

Sabine Corneloup

7. Germany, Proof of and Information about Foreign law - German Report

Oliver Remien

8. Greece, Foreign Law in the Greek Private International Law: Positive Solutions and Future Perspectives

Chryssapho Tsouca

9. Hungary, Inconsistencies between Theory and Practice in the Treatment of Foreign Law in Hungary

Laszlo Burian and Sarolta Szabo

10. Italy, Proof and Information about Foreign Law in Italy

Nerina Boschiero and Benedetta Ubertazzi

11. Malta, The Proof and Treatment of Foreign Law in Malta

Paul Cachia

12. Poland, Proof and Information about Foreign Law in Poland - Theory and Reality

Michal Wojewoda

13. Portugal, Proof of and Information about Foreign Law in Portugal

Rui Manuel Moura Ramo

14. Romania, Proof of and Information about Foreign Law in Romania

Flavius George Pancesc

15. Spain, The Application of Foreign Laws in Spain - Critical Analysis of the Legal Novelties of 2015

Carmen Azcarraga Monzonis

16. Sweden, Proof of and Information about Foreign Law in Civil and Commercial Matters - Swedish Perspectives

Ulf Maunsbach

17. The United Kingdom, The Traditional Approach to Foreign Law in Civil Litigation in the Legal Systems of the United Kingdom

Veronica Ruiz Abou-Nigm

18. Switzerland, The Principle Iura Aliena Novit Curia and the Role of Foreign Law Advisory Services in Swiss Judicial Practice

Ilaria Pretelli and Shaheeza Lalani

B. National Reports II - North and South America

1. The United States, The Use and Determination of Foreign Law in Civil Litigation in the United States

Peter Hay

2. Canada, The Status and the Proof of Foreign Law in Quebec

Gerald Goldstein

3. Argentina

The Changing Character of Foreign Law in Argentinian Legal System

Diego P. Fernandez Arroyo and Paula Maria All

4. Uruguay, Proof of and Information about Foreign Law in Uruguay

Cecilia Fresnedo de Aguirre

5. Venezuela, Finding foreign law in Venezuela - General overview

Eugenio Hernandez-Breton and Claudia Madrid Martinez

C. National Reports III - Asia-Pacific Region and Africa

1. Australia, Foreign Law in Australian International Litigation: Developing the Common Law

Mary Keyes

2. Japan, Proof of and Information about Foreign Law in Japan

Shunichiro Nakano

3. Macau, Proof and Information about Foreign Law in Macau

Guangjian Tu

4. Turkey, The Treatment of Foreign Law in Turkey

Zeynep Derya Tarman

5. Israel, Proof of and Information about Foreign Law in Israel

Talia Einhorn

6. Tunisia, Treatment of Foreign Law in Tunisia

Lotfi Chedly and Beligh Elbalti

7. Commonwealth Africa, Foreign Law in Commonwealth African Courts

Richard Frimpong Oppong

III. Hague Conference on Private International Law

1. Hague Conference on Private International Law, The Evolution of Work on Access to Foreign Law at the Hague Conference on Private International Law

Philippe Lortie and Maja Groff.

You may also be interested in these books:


Hong Kong Company Secretary's Practice Manual, 6th Edition: List Price: HKD 1,480.00

HKD 1,435.60 Save HKD 44.40 (3%)


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: HKD 1,380.00

HKD 1,338.60 Save HKD 41.40 (3%)


Hong Kong Civil Procedure 2026 (The White Book): HKD 13,690.00


Hong Kong Civil Court Practice (Desk Edition 2026): List Price: HKD 4,900.00

HKD 4,165.00 Save HKD 735.00 (15%)


Construction Industry Security of Payment Ordinance in Hong Kong (Hardcopy + e-book): List Price: HKD 1,700.00

HKD 1,445.00 Save HKD 255.00 (15%)


Criminal Litigation in Hong Kong, 5th Edition (Hardcopy + e-book): List Price: HKD 1,750.00

HKD 1,697.50 Save HKD 52.50 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): HKD 3,639.00


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: HKD 551.00

HKD 534.47 Save HKD 16.53 (3%)


Civil Litigation in Hong Kong, 7th Edition (Hardcopy + e-book): List Price: HKD 2,200.00

HKD 1,760.00 Save HKD 440.00 (20%)


Butterworths Hong Kong Company Law Handbook, 27th Edition: List Price: HKD 5,040.00

HKD 4,888.80 Save HKD 151.20 (3%)


Hong Kong Family Court Practice, 5th Edition: List Price: HKD 3,020.00

HKD 2,929.40 Save HKD 90.60 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: HKD 3,580.00

HKD 3,472.60 Save HKD 107.40 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: HKD 2,280.00

HKD 2,211.60 Save HKD 68.40 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: HKD 2,500.00

HKD 2,425.00 Save HKD 75.00 (3%)


Clough & Clough on Personal Injuries: List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: HKD 2,000.00

HKD 1,940.00 Save HKD 60.00 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)


Hong Kong Company Law, 15th Edition: List Price: HKD 492.00

HKD 477.24 Save HKD 14.76 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

Professional Associations

Partners

Copyright © 2010-2026 Professional Bookshop Ltd. All Rights Reserved