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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Dicey, Morris & Collins: The Conflict of Laws 15th ed with 3rd Supplement isbn 9780414035027

Dicey, Morris & Collins: The Conflict of Laws 15th ed


ISBN13: 9780414024533
New Edition ISBN: 9780414035027
Previous Edition ISBN: 9780421883604
Published: October 2012
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback, 2 Volumes
Price: Out of print



Dicey, Morris & Collins on the Conflict of Laws is renowned worldwide as the foremost authority on private international law. It explains the rules, principles and practice which determine how the law of England and Wales relates to other legal systems.

Across two volumes it is packed with quality and detailed coverage. Volume 1 sets out general principles, definitions, procedures, and issues relating to jurisdiction. Volume 2 looks at specific areas of law that are most likely to feature in conflict of laws cases.

  • Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems, dealing (in volume 1) with general principles, procedure, state immunity, jurisdiction of courts, enforcement of foreign judgments and international arbitration, before covering (in volume 2) family law, property law, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations
  • Sets out the nature and scope of conflict of laws, the interpretation of statutes which implement international conventions and the operation of statures in the conflict to lawsDefines a range of geographical and technical terms used in conjunction with conflict of law
  • Deals with two matters of considerable theoretical difficulty: first, characterisation, the fundamental problem of conflict of law systems applicable in England and other European countries; and, second, the incidental question, where a subsidiary matter could be governed by the law of a foreign country whilst the main matter is governed by English rule of conflict of law
  • Looks at the factor of time in conflict of laws, such as changes in the law or the circumstances on those involved
  • Deals with the meaning of the expression of “law of a country” and what it entails
  • Covers the exclusion in England of a foreign rule on grounds of public policy or refusal of English courts to enforce foreign public law or acts
  • Deals with the rules for ascertaining the domicile and residence of a natural person
  • Looks at procedural questions, including the distinction between matters of substance and matters of procedure, remedies and process, evidence, set-off and counterclaims, priorities and damages, and statutes of limitation
  • Covers a number of significant issues which arise in the conduct of international litigationLooks at the mode of proving foreign law
  • Deals with the jurisdiction of the court in claims, the enforcement of judgments, and with arbitration and the enforcement of foreign awards
  • Deals with jurisdictional immunities of foreign States, diplomats and consul, and members of international organisations
  • Explains the enforcement and recognition in England or foreign judgments
  • Deals with the law governing arbitration agreements and procedureCovers specific areas of law including family law, law of law of property, corporations, insolvency and bankruptcy, the law of obligations including contract, tort, unjust enrichment and foreign currency obligations

Subjects:
Conflict of Laws
Contents:
VOLUME ONE;

Part 1: Preliminary Matters
1. Nature and scope of conflict of laws
2. Characterisation and the incidental question
3. The time factor
4. Renvoi
5. The exclusion of foreign law
6. Domicile and residence

Part 2: Procedure
7. Substance and procedure
8. International litigation
9. Proof of foreign law

Part 3: Jurisdiction and Foreign Judgments
10. Jurisdictional immunities
11. Jurisdiction in claims in personam
12. Forum non conveniens, lis alibi pendens, anti-suit injuntions and jurisdiction agreements
13. Jurisdiction in admiralty claims in rem
14. Foreign judgments
15. Jurisdiction and enforcement of judgments under multilateral conventions
16. Arbitration and foreign awards

VOLUME TWO;

Part 4: Family Law
17. Marriage
18. Matrimonial clauses
19. Children
20. Legitimacy, legitimation and adoption
21. Mental incapacity

Part 5: Law of Property
22. Nature and situs of property
23. Immovables
24. Particular transfer of movables
25. Governmental acts affecting property
26. Administration of estates
27. Succession
28. The effect of marriage on property
29. Trusts

Part 6: Corporations and Insolvency
30. Corporations and corporate insolvency
31. Bankruptcy

Part 7: Law of Obligations
32. Contracts: General rules
33. Particular contracts
34. Restitution
35. Torts
36. Foreign currency obligations

Appendices
Index