Subjects:

Conflict of Laws

Contents:

General Introduction

PART ONE: FOREIGN LAW AT THE TRIAL LEVEL

Introduction

1. The Decision-making Process in Civil Litigation with Comparative Perspectives

2. The Introduction and Ascertainment of Foreign Law

3. Principle and Policy at the Trial Level

PART TWO: FOREIGN LAW AT THE REVIEW LEVEL

Introduction

4. Final Review: Cassation, Revision, and Appeal Compared

5. The Power to Review Foreign Law

6. Principle and Policy at the Review Level

7. Conclusion: Towards a Positive Attitude to Foreign Law

This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas.

The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.