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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Treatment of Foreign Law: Dynamics Towards Convergence?


ISBN13: 9783319565729
Published: July 2017
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £149.00



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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.

Subjects:
Conflict of Laws
Contents:
List of Authors
I. General Report
Treatment of Foreign Law - Dynamics towards Convergence?
Yuko Nishitani
II. National Reports
A. National Reports I - Europe
1. Belgium, Foreign Law in Belgian Courts - From Theory to Practice
Patrick Wautelet
2. Croatia, Foreign Law Before Croatian Authorities - At the Crossroad?
Mirela Zupan
3. Czech Republic, Treatment of Foreign Law in the Czech Republic
Monika Pauknerova
4. Denmark, Foreign Law in Danish Civil Litigation: A pragmatic approach
Clement Salung Petersen
5. Estonia, Applying Foreign Law in Estonia - the Perspective of an e-State
Maarja Torga
6. France, The Evolving Balance between the Judge and the Parties in France
Sabine Corneloup
7. Germany, Proof of and Information about Foreign law - German Report
Oliver Remien
8. Greece, Foreign Law in the Greek Private International Law: Positive Solutions and Future Perspectives
Chryssapho Tsouca
9. Hungary, Inconsistencies between Theory and Practice in the Treatment of Foreign Law in Hungary
Laszlo Burian and Sarolta Szabo
10. Italy, Proof and Information about Foreign Law in Italy
Nerina Boschiero and Benedetta Ubertazzi
11. Malta, The Proof and Treatment of Foreign Law in Malta
Paul Cachia
12. Poland, Proof and Information about Foreign Law in Poland - Theory and Reality
Michal Wojewoda
13. Portugal, Proof of and Information about Foreign Law in Portugal
Rui Manuel Moura Ramo
14. Romania, Proof of and Information about Foreign Law in Romania
Flavius George Pancesc
15. Spain, The Application of Foreign Laws in Spain - Critical Analysis of the Legal Novelties of 2015
Carmen Azcarraga Monzonis
16. Sweden, Proof of and Information about Foreign Law in Civil and Commercial Matters - Swedish Perspectives
Ulf Maunsbach
17. The United Kingdom, The Traditional Approach to Foreign Law in Civil Litigation in the Legal Systems of the United Kingdom
Veronica Ruiz Abou-Nigm
18. Switzerland, The Principle Iura Aliena Novit Curia and the Role of Foreign Law Advisory Services in Swiss Judicial Practice
Ilaria Pretelli and Shaheeza Lalani
B. National Reports II - North and South America
1. The United States, The Use and Determination of Foreign Law in Civil Litigation in the United States
Peter Hay
2. Canada, The Status and the Proof of Foreign Law in Quebec
Gerald Goldstein
3. Argentina
The Changing Character of Foreign Law in Argentinian Legal System
Diego P. Fernandez Arroyo and Paula Maria All
4. Uruguay, Proof of and Information about Foreign Law in Uruguay
Cecilia Fresnedo de Aguirre
5. Venezuela, Finding foreign law in Venezuela - General overview
Eugenio Hernandez-Breton and Claudia Madrid Martinez
C. National Reports III - Asia-Pacific Region and Africa
1. Australia, Foreign Law in Australian International Litigation: Developing the Common Law
Mary Keyes
2. Japan, Proof of and Information about Foreign Law in Japan
Shunichiro Nakano
3. Macau, Proof and Information about Foreign Law in Macau
Guangjian Tu
4. Turkey, The Treatment of Foreign Law in Turkey
Zeynep Derya Tarman
5. Israel, Proof of and Information about Foreign Law in Israel
Talia Einhorn
6. Tunisia, Treatment of Foreign Law in Tunisia
Lotfi Chedly and Beligh Elbalti
7. Commonwealth Africa, Foreign Law in Commonwealth African Courts
Richard Frimpong Oppong
III. Hague Conference on Private International Law
1. Hague Conference on Private International Law, The Evolution of Work on Access to Foreign Law at the Hague Conference on Private International Law
Philippe Lortie and Maja Groff.