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Conflict of Laws 5th ed


ISBN13: 9780415695053
Published: October 2013
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9780415695060



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This updated fifth edition of Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England.

Recent years have seen an increased 'Europeanization' of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV, and the proposed Succession Regulation.

Further developments addressed in the fifth edition include:

  • The use of common law doctrines in EU cases eg - West Tankers. The EU imperative for family relationships to be recognized across the EU in the context of citizen's rights.
  • Civil Partnership/ recognition of same sex partnership.
  • Rome III, Rome IV and the distinction between maintenance and matrimonial property.
  • Adoption, Parental Responsibility and International Child Abduction
  • Surrogacy and Assisted Reproduction, which currently causes many difficult conflicts of law issues and is ripe for international regulation.
As future EU regulation of private international law seems set to continue apace, Harding has restructured the text so that students learn the certain, rules-based approach of EU regulation first, before moving on to study the more flexible common law approaches.

Subjects:
Conflict of Laws
Contents:
1.The Nature of Conflict of Laws.
2. Connecting Factors.
3. Jurisdiction of the English Court in Commercial Disputes: the Common Law Rules
4. Jurisdiction of the English Court in Commercial Disputes: the EU Regime.
5. Enforcement and Recognition of Foreign European Judgments.
6. Enforcement and Recognition of Foreign Judgments: The Common Law Rules.
7. Judgments in a Foreign Currency.
8. Arbitration.
9. Applicable Law in Contract.
10. Applicable Law in Tort.
11. Law of Property.
12. Succession.
13. Recognition of Marriage/Same Sex Partnership.
14. Breakdown of Marriage and Financial Relief.
15. Children.
16. Putting it all Together.