Application Of Foreign Law
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Author | : Richard Frimpong Oppong |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2013-09-12 |
Genre | : Law |
ISBN | : 0521199697 |
Download Private International Law in Commonwealth Africa Book in PDF, Epub and Kindle
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author | : |
Publisher | : |
Total Pages | : 45 |
Release | : 1972 |
Genre | : |
ISBN | : |
Download The Application of Foreign Law Book in PDF, Epub and Kindle
Author | : Ademola Yakubu |
Publisher | : |
Total Pages | : 124 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
Download Limits to the Application of Foreign Laws Book in PDF, Epub and Kindle
Author | : Carlos Esplugues Mota |
Publisher | : Walter de Gruyter |
Total Pages | : 445 |
Release | : 2011-03-30 |
Genre | : Law |
ISBN | : 3866539126 |
Download Application of Foreign Law Book in PDF, Epub and Kindle
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.
Author | : Yuko Nishitani |
Publisher | : Springer |
Total Pages | : 637 |
Release | : 2017-07-04 |
Genre | : Law |
ISBN | : 3319565745 |
Download Treatment of Foreign Law - Dynamics towards Convergence? Book in PDF, Epub and Kindle
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.
Author | : Pavel Kalenský |
Publisher | : Springer Science & Business Media |
Total Pages | : 308 |
Release | : 2013-12-01 |
Genre | : Law |
ISBN | : 9401195900 |
Download Trends of Private International Law Book in PDF, Epub and Kindle
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.
Author | : Meyer, Olaf |
Publisher | : Edward Elgar Publishing |
Total Pages | : 503 |
Release | : 2022-09-06 |
Genre | : Law |
ISBN | : 1789902665 |
Download Public Policy and Private International Law Book in PDF, Epub and Kindle
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.
Author | : Yu Min |
Publisher | : |
Total Pages | : 150 |
Release | : 1967 |
Genre | : Conflict of laws |
ISBN | : |
Download The Application of Foreign Law in the American Conflict of Laws Book in PDF, Epub and Kindle
Author | : Giuseppe Franco Ferrari |
Publisher | : BRILL |
Total Pages | : 915 |
Release | : 2019-09-24 |
Genre | : Law |
ISBN | : 9004297596 |
Download Judicial Cosmopolitanism Book in PDF, Epub and Kindle
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.
Author | : Tania Groppi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2013-03-28 |
Genre | : Law |
ISBN | : 1782251014 |
Download The Use of Foreign Precedents by Constitutional Judges Book in PDF, Epub and Kindle
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.