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Dicey, Morris & Collins: The Conflict of Laws, 16th Ed. 2 Volume Mainwork

800,00

Author: Lord Collins of Mapesbury, Jonathan Harris
ISBN: 9780414102040
Publisher:  Sweet & Maxwell Ltd
Date Published: September 2022
Format: Hardback

Κωδικός προϊόντος: 9780414118492 Κατηγορίες: ,
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 that determine how the law of England & Wales relates to other legal systems. Its commentary, Rules and illustrations, with detailed reference to international conventions, legislation and case law, ensures it remains an indispensable tool for practitioners engaged in cross-border matters.
 
Across two volumes and a Companion Volume, it contains high-quality and detailed analysis. Volume 1 deals with general principles, the effects of withdrawal by the United Kingdom from the European Union, foreign affairs and the conflict of laws, procedural issues relating to international litigation, jurisdiction, recognition and enforcement of foreign judgments and arbitration. Volume 2 deals with a number of specific areas of law. It addresses family law, property law, succession and trusts, corporations and insolvency and the law of obligations. A Companion Volume considers in greater detail the transitional issues arising from the United Kingdom’s withdrawal from the European Union and the relevant EU legislation in a number of key areas. 
 
Key Features 
  • Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems. 
  • Volume 1 deals with general principles the effects of the withdrawal by the United Kingdom from the European Union, foreign affairs law, protective measures and international judicial cooperation, jurisdiction of English courts, recognition and enforcement of foreign judgments and international arbitration. 
  • Volume 2 covers family law, property law, succession and trusts, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations.
  • Includes a new Part containing detailed analysis of Foreign Affairs and the Conflict of Laws, including expanded coverage of important developments in this area.
  • Includes detailed treatment of the Hague Convention on Choice of Court Agreements 2005.
  • Family law coverage includes important developments in respect of same-sex marriages, civil partnerships and surrogacy.
  • A Companion Volume explains in detail the transitional provisions relating to the withdrawal by the United Kingdom from the European Union and the relevant EU legislation in areas where those transitional issues will remain relevant for the foreseeable future, including on lis pendens, recognition and enforcement of foreign judgments, family law and insolvency.
New material in the Sixteenth edition:
The new edition addresses all key developments, international conventions, legislation and case law since publication of the 15th edition in 2012. It includes the following significant developments 
  • Full analysis of the effects of the withdrawal by the United Kingdom from the European Union.
  • Detailed coverage of the Hague Convention on Choice of Court Agreements 2005.
  • Analysis of domestic legislation, including the Private International Law (Implementation of Agreements) Act 2020, important amendments to the Civil Jurisdiction and Judgments Act 1982 and a number of key statutory instruments.
  • A new Part containing detailed analysis of Foreign Affairs and the Conflict of Laws, including expanded coverage of important developments in this area.
  • Covers important developments in family law, including in respect of same-sex marriages, civil partnerships and surrogacy.
  • Detailed analysis of the many decisions of the Supreme Court, Privy Council, Court of Appeal and High Court and in other parts of the United Kingdom, Commonwealth and other jurisdictions.
Companion to the Sixteenth Edition
The Companion Volume explains in detail the effects of the withdrawal by the United Kingdom from the European Union. It analyses the relevant transitional provision in the Withdrawal Agreement concluded between the United Kingdom and the European Union, as well as domestic legislation on transitional issues. It analyses the relevant EU law in areas likely to remain relevant for the foreseeable future, including in relation to lis pendens and the recognition and enforcement of judgments from EU Member States. It considers the relevant family legislation in the Brussels IIa and Maintenance Regulations. The Companion Volume also includes detailed coverage of relevant provisions of the recast Insolvency Regulation.

Contents

VOLUME ONE
 
Part 1: Preliminary Matters
  • 1. Nature, scope and development of the conflict of laws. European law and the United Kingdom’s withdrawal from the European Union 
  • 2. Characterisation, the incidental question, the time factor and renvoi
  • 3. Proof of foreign law
  • 4. Substance and procedure
  • 5. Public Policy
  • 6. Domicile and habitual residence
Part 2: Foreign Affairs and the Conflict of Laws
  • 7. Foreign relations law and the conflict of laws
  • 8. Non-enforcement of foreign penal, revenue or public law. The act of state doctrine. Governmental acts affecting property
  • 9. Jurisdictional Immunities
Part 3: International Litigation
  • 10. Protective measures and international judicial cooperation
  • 11. Jurisdiction in claims in personam
  • 12. Forum non conveniens, lis alibi pendens, jurisdiction agreements and anti-suit injunctions
  • 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 and civil partnerships
  • 18. The effect of marriage and civil partnerships on property
  • 19. Matrimonial causes
  • 20. Children
  • 21. Legitimacy, legitimation and adoption
  • 22. Mental incapacity
Part 5: Law of Property
  • 23. Nature and situs of property
  • 24. Immovables
  • 25. Particular transfers of movables
  • 26. Intellectual property
  • 27. Administration of estates
  • 28. Succession
  • 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. Non-Contractual Obligations: Common Issues
  • 35. Torts/Delict
  • 36. Unjust enrichment, equitable claims and negotiorum gestio
  • 37. Foreign currency obligations
Companion Volume to the 16th Edition:
  • Introduction to the companion volume on EU withdrawal transition issues
  • Chapter 12 Companion Volume – Lis pendens and related actions in European Union member states and Lugano contracting states under the transitional arrangements 
  • Chapter 14 Companion Volume – Recognition and enforcement of judgments from European Union member states and Lugano contracting states under the transitional arrangements 
  • Chapter 19 Companion Volume – Matrimonial causes under the transitional arrangements
  • Chapter 20 Companion Volume – Children under the transitional arrangements
  • Chapter 30 Companion Volume – Corporate Insolvency under the transitional arrangements
  • Chapter 31 Companion Volume – Bankruptcy under the transitional arrangements