Choice Of Law And Recognition In Asian Family Law
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Choice Of Law And Recognition In Asian Family Law
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-10-05
Choice Of Law And Recognition In Asian Family Law written by Anselmo Reyes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-05 with Law categories.
This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 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 book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.
Family Law And Customary Law In Asia
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Author : David C. Buxbaum
language : en
Publisher: Springer
Release Date : 2013-11-11
Family Law And Customary Law In Asia written by David C. Buxbaum and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Law categories.
Principles Of Family Law In Singapore
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Author : Wai Kum Leong
language : en
Publisher: Butterworth-Heinemann
Release Date : 1997
Principles Of Family Law In Singapore written by Wai Kum Leong and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Private International Law
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Author : Sai Ramani Garimella
language : en
Publisher: Springer
Release Date : 2017-01-19
Private International Law written by Sai Ramani Garimella and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-19 with Law categories.
This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
Family Law And Customary Law In Asia
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Author : David Charles Buxbaum
language : en
Publisher:
Release Date : 1968
Family Law And Customary Law In Asia written by David Charles Buxbaum and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.
Treatment Of Foreign Law In Asia
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Author : Kazuaki Nishioka
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-10-05
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 2023-10-05 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.
The Cambridge Handbook Of Comparative Law
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Author : Mathias Siems
language : en
Publisher: Cambridge University Press
Release Date : 2024-01-31
The Cambridge Handbook Of Comparative Law written by Mathias Siems and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-31 with Law categories.
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Direct Jurisdiction
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Direct Jurisdiction written by Anselmo Reyes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
Private International Law In East Asia
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Author : Olivier Gaillard
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-08
Private International Law In East Asia written by Olivier Gaillard and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Hong Kong Private International Law
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Author : Wilson Lui
language : en
Publisher: Hart Publishing
Release Date : 2023-10-19
Hong Kong Private International Law written by Wilson Lui and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-19 with Law categories.
This book provides a clear and authoritative exposition of Hong Kong private international law on issues of jurisdiction, choice of law, recognition and enforcement, arbitration, and inter-regional and international harmonisation. It covers a wide range of areas of law including the law of obligations, the law of property, intellectual property law, family law, company law, insolvency law, bankruptcy law, competition law, criminal law, and admiralty law. It also contains detailed discussions of jurisdiction, arbitration, and dispute resolution clauses. The book focuses on the practical issues, but also considers theoretical insights and suggestions for law reform when appropriate. The emphasis is on the rapidly developing local jurisprudence over the recent years. Moreover, it systematically analyses the private international law issues arising out of cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao SAR on the other, with the enunciation of a set of Hong Kong private international law principles for inter-regional cases. This volume is a one-stop reference guide to Hong Kong private international law and will be indispensable to judges, practitioners and scholars in Hong Kong, the Greater China, Asia, and worldwide.