The Application of Foreign Law
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Total Pages | : 45 |
Release | : 1972 |
Genre | : |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 45 |
Release | : 1972 |
Genre | : |
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Author | : Carlos Esplugues Mota |
Publisher | : Walter de Gruyter |
Total Pages | : 445 |
Release | : 2011-03-30 |
Genre | : Law |
ISBN | : 3866539126 |
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 |
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 | : Yu Min |
Publisher | : |
Total Pages | : 150 |
Release | : 1967 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Meyer, Olaf |
Publisher | : Edward Elgar Publishing |
Total Pages | : 503 |
Release | : 2022-09-06 |
Genre | : Law |
ISBN | : 1789902665 |
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 | : Giuseppe Franco Ferrari |
Publisher | : BRILL |
Total Pages | : 915 |
Release | : 2019-09-24 |
Genre | : Law |
ISBN | : 9004297596 |
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 | : Kurt Lipstein |
Publisher | : |
Total Pages | : 45 |
Release | : 1972 |
Genre | : Comparative law |
ISBN | : |
Author | : Richard Fentiman |
Publisher | : Clarendon Press |
Total Pages | : 378 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780198258780 |
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.
Author | : Tania Groppi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2013-03-28 |
Genre | : Law |
ISBN | : 1782251014 |
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.
Author | : |
Publisher | : |
Total Pages | : 300 |
Release | : 2006 |
Genre | : Annotations and citations (Law) |
ISBN | : |
"Formerly known as the International Citation Manual"--p. xv.