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Vol 21 No 10 Oct/Nov 2016

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Private International Law in South Africa

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ISBN13: 9789041151803
Published: January 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £48.00



Despatched in 9 to 11 days.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in South Africa. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert.

Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in South Africa. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

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Subjects:
South Africa, Other Jurisdictions
Contents:
Part I. General Principles (Choice-of-Law Technique).
Chapter 1. Sources of PIL.
Chapter 2. Connection.
Chapter 3. Basic Terms. Part II. Rules of Choice of Law.
Chapter 1. Persons.
Chapter 2. Obligations.
Chapter 3. Law of Property.
Chapter 4. Intangible Property Rights.
Chapter 5. Company Law.
Chapter 6. Family Law.
Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP).
Chapter 1. Sources of ICP (National Law, International Conventions).
Chapter 2. The Principle of Lex Fori.
Chapter 3. National Jurisdiction.
Chapter 4. International Jurisdiction.
Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.