The conflict of laws

Autor: Adrian Briggs
Rok: 2008
ISBN: 9780199539673
OKCZID: 110003976
Vydání: 2nd ed.

Citace (dle ČSN ISO 690):
BRIGGS, Adrian. The conflict of laws. 2nd ed. Oxford: Oxford University Press, 2008. xxxv, 287 s. Clarendon law series.

Anotace

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 recognized 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 annulment) 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.

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