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Civil Jurisdiction and Judgments

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
International Private Law: A Scots Perspective 4th ed isbn 9780414033986

International Private Law: A Scots Perspective 3rd ed

ISBN13: 9780414017757
New Edition ISBN: 9780414033986
Previous Edition ISBN: 9780414016088
Published: September 2010
Publisher: W. Green
Country of Publication: Scotland
Format: Paperback
Price: Out of print

This up-to-date treatment of an area of increasing importance provides an in-depth and clear analysis of the complexities of the subject.

The newly revised edition of this highly regarded book, presented under a new title, provides a thorough account of all branches of Scots private law in their conflict of laws dimension. A noted feature of the subject, to which the book pays central attention, is the expanding influence of the EU legislative programme for civil justice, which affects the substance of the conflict rules of all European Member States.

The book explains and analyses the rules of civil and commercial jurisdiction set out in the Brussels I Regulation, and the choice of law rules of the law of obligations contained in the new Rome I and Rome II Regulations.

In family law, a full treatment is given of the rules pertaining to jurisdiction and recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, as contained in the Brussels II bis Regulation, including their interaction with the Hague Convention on International Child Abduction. Full account is given of the conflict rules pertaining to property, in the various contexts of matrimonial and cohabiting relationships, lifetime transfers, insolvency and succession.

The book is a thorough and accessible treatment of the theory and methodology employed in this branch of the law, and constitutes an immensely valuable source of information, for students of the subject and practitioners, about the changing content of this important area of the law.

Scots Law
Nature of the subject
Operation of Foreign Law
Domicile & Residence
Jurisdiction in civil & commercial matters
Evidence & procedure
Enforcement of foreign decrees
Status & capacity
The law of marriage and other adult relationships
Consistorial causes
Proprietory and financial consequences of marriage and other adult relationships
Conflict rules affecting children
The law of contractual obligations
The law of non-contractual obligations
The law of property
The law of succession.