The Conflict of Laws
Seiten
2008
|
2nd Revised edition
Oxford University Press (Verlag)
978-0-19-953966-6 (ISBN)
Oxford University Press (Verlag)
978-0-19-953966-6 (ISBN)
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This book offers a succinct and incisive overview of English private international law. It addresses the jurisdiction of Courts and the effect of foreign judgments. It looks at choice of law for cases with an international element, and assesses the increasing impact of European legislation in this area.
Could you sue in England if you made a contract with someone overseas, or if you had an accident overseas? If you were to sue in England in one of these cases, which country's laws would be applied? Would you have anything to worry about if you were sued overseas but didn't intend to go back to the country concerned? Could you take steps in England to stop someone suing you overseas? The Conflict of Laws provides a complete yet accessible survey of English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognised across Europe) and the effect of foreign judgments in England. It looks at the principles of choice of law for cases which have an international element, for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, dealings with property overseas, and family and personal matters (particularly marriage, divorce, and annullment) across different jurisdictions.As the law becomes less 'English' and more 'European', real and difficult questions are generated by there being two sources of legislative authority, and two streams of judicial authority: mapping how they come together is a big challenge.
This fully updated second edition explores how these changes are altering the foundations of the subject. In the established tradition of the Clarendon Law Series, The Conflict of Laws is both an introduction to the subject and a critical consideration of its central themes and debates.
Could you sue in England if you made a contract with someone overseas, or if you had an accident overseas? If you were to sue in England in one of these cases, which country's laws would be applied? Would you have anything to worry about if you were sued overseas but didn't intend to go back to the country concerned? Could you take steps in England to stop someone suing you overseas? The Conflict of Laws provides a complete yet accessible survey of English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognised across Europe) and the effect of foreign judgments in England. It looks at the principles of choice of law for cases which have an international element, for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, dealings with property overseas, and family and personal matters (particularly marriage, divorce, and annullment) across different jurisdictions.As the law becomes less 'English' and more 'European', real and difficult questions are generated by there being two sources of legislative authority, and two streams of judicial authority: mapping how they come together is a big challenge.
This fully updated second edition explores how these changes are altering the foundations of the subject. In the established tradition of the Clarendon Law Series, The Conflict of Laws is both an introduction to the subject and a critical consideration of its central themes and debates.
Adrian Briggs is Professor of Private International Law at the University of Oxford and a Fellow and Tutor at St Edmund Hall, Oxford. He is also an actively practising barrister at Blackstone Chambers specializing in commercial law, in particular jurisdiction and enforcement of foreign judgments.
Erscheint lt. Verlag | 5.6.2008 |
---|---|
Verlagsort | Oxford |
Sprache | englisch |
Themenwelt | Recht / Steuern ► EU / Internationales Recht |
Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht | |
ISBN-10 | 0-19-953966-9 / 0199539669 |
ISBN-13 | 978-0-19-953966-6 / 9780199539666 |
Zustand | Neuware |
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