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
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 Brussels I Recast regulation is given a full
analysis in particular, as are Rome IV (wills and succession) and Rome III
(choice of law in divorce).
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. The chapter on marriage is updated
significantly to take account of same sex marriage legislation in Scotland and
England. 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.