Application Of Foreign Law
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Application Of Foreign Law
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Author : Carlos Esplugues Mota
language : en
Publisher: Walter de Gruyter
Release Date : 2011-03-30
Application Of Foreign Law written by Carlos Esplugues Mota and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-30 with Law categories.
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
The Application Of Foreign Law
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Author :
language : en
Publisher:
Release Date : 1972
The Application Of Foreign Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with categories.
Limits To The Application Of Foreign Laws
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Author : Ademola Yakubu
language : en
Publisher:
Release Date : 1999
Limits To The Application Of Foreign Laws written by Ademola Yakubu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Treatment Of Foreign Law Dynamics Towards Convergence
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Author : Yuko Nishitani
language : en
Publisher: Springer
Release Date : 2017-07-04
Treatment Of Foreign Law Dynamics Towards Convergence written by Yuko Nishitani and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-04 with Law categories.
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.
Foreign Law In English Courts
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Author : Richard Fentiman
language : en
Publisher: Clarendon Press
Release Date : 1998
Foreign Law In English Courts written by Richard Fentiman and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
Judicial Cosmopolitanism
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Author : Giuseppe Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2019-09-24
Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Law categories.
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Treatment Of Foreign Law In Asia
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Author : Kazuaki Nishioka
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-11-16
Treatment Of Foreign Law In Asia written by Kazuaki Nishioka and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-16 with Law categories.
How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.
Public Policy And Private International Law
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Author : Meyer, Olaf
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-06
Public Policy And Private International Law written by Meyer, Olaf and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Law categories.
The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.
The Application Of Foreign Law In The British And German Courts
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Author : Alexander DJ Critchley
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-12-15
The Application Of Foreign Law In The British And German Courts written by Alexander DJ Critchley and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-15 with Law categories.
This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. It engages with questions involved in the investigation and determination of foreign law as they affect the law of England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the law and looks at possible future reforms.
Trends Of Private International Law
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Author : Pavel Kalenský
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-01
Trends Of Private International Law written by Pavel Kalenský and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Law categories.
to Seeking the answer to the three basic questions of contempo rary private international law, I also deemed it essential to out line to the reader the historical development of the different concepts of this particular branch of law, for without the know ledge of this history it is impossible to understand the contempo rary problems. The fact that private international law oscillates between public international law and substantive municipal law as it is applied in individual countries creates considerable problems in both theory and practice. I have tried to deal with these problems in the third part of my study, concerning "universa lism" and "nationalism" in the doctrine of private international law, as well as in its fourth part, which is devoted to the object and nature of this law and its place in the overall system of law. The character of private international law, ensuing from the plurality of municipal laws - which also characterize the origin and existence of comparative jurisprudence - in spired me to produce the fifth part of this study, which prima rily tries to expJain the theoretical problems of comparative jurisprudence but does so - defining its objectives and possibili ties - in order to underline at the same time its role in private international law and in the law of international trade.