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Dicey, Morris & Collins on the Conflict of Laws
Dicey, Morris & Collins on the Conflict of Laws
15th Edition, Mainwork & Supplement
Practice Area:  Conflict of Laws
ISBN:  9780414035027
Published by:  Sweet & Maxwell
Publication Date:  24 Oct 2017
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Renowned worldwide as the foremost authority on private international law, Dicey, Morris & Collins on the Conflict of Laws:

  • Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems, dealing (in volume 1) with general principles, procedure, state immunity, jurisdiction of courts, enforcement of foreign judgments and international arbitration, before covering (in volume 2) family law, property law, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations
  • Sets out the nature and scope of conflict of laws, the interpretation of statutes which implement international conventions and the operation of statures in the conflict to laws
  • Defines a range of geographical and technical terms used in conjunction with conflict of law 
  • Deals with two matters of considerable theoretical difficulty: first, characterisation, the fundamental problem of conflict of law systems applicable in England and other European countries; and, second, the incidental question, where a subsidiary matter could be governed by the law of a foreign country whilst the main matter is governed by English rule of conflict of law
  • Looks at the factor of time in conflict of laws, such as changes in the law or the circumstances on those involved
  • Deals with the meaning of the expression of “law of a country” and what it entails
  • Covers the exclusion in England of a foreign rule on grounds of public policy or refusal of English courts to enforce foreign public law or acts
    Deals with the rules for ascertaining the domicile and residence of a natural person
  • Looks at procedural questions, including the distinction between matters of substance and matters of procedure, remedies and process, evidence, set-off and counterclaims, priorities and damages, and statutes of limitation
  • Covers a number of significant issues which arise in the conduct of international litigation
  • Looks at the mode of proving foreign law
  • Deals with the jurisdiction of the court in claims, the enforcement of judgments, and with arbitration and the enforcement of foreign awards
  • Deals with jurisdictional immunities of foreign States, diplomats and consul, and members of international organisations
  • Explains the enforcement and recognition in England or foreign judgments
  • Deals with the law governing arbitration agreements and procedure
  • Covers specific areas of law including family law, law of property, corporations, insolvency and bankruptcy, the law of obligations including contract, tort, unjust enrichment and foreign currency obligations

The Fifth Cumulative Supplement brings the Fifteenth Edition text up to date with recent developments in the law, bringing you up-to-date on the position immediately before Brexit and any transition deal.

 

Key features:

  • Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems, dealing (in volume 1) with general principles, procedure, state immunity, jurisdiction of courts, enforcement of foreign judgments and international arbitration, before covering (in volume 2) family law, property law, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations
  • Sets out the nature and scope of conflict of laws, the interpretation of statutes which implement international conventions and the operation of statures in the conflict to laws
  • Defines a range of geographical and technical terms used in conjunction with conflict of law
CONTENTS

VOLUME ONE

Part 1: Preliminary Matters
1. Nature and scope of the conflict of laws
2. Characterisation and the incidental question
3. The time factor
4. Renvoi
5. The exclusion of foreign law
6. Domicile and residence

Part 2: Procedure
7. Substance and procedure
8. International litigation
9. Proof of foreign law

Part 3: Jurisdiction and Foreign Judgments
10. Jurisdictional immunities
11. Jurisdiction in claims in personam
12. Forum non conveniens, lis alibi pendens, anti-suit injuntions and jurisdiction agreements
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
18. Matrimonial clauses
19. Children
20. Legitimacy, legitimation and adoption
21. Mental incapacity

Part 5: Law of Property
22. Nature and situs of property
23. Immovables
24. Particular transfers of movables
25. Governmental acts affecting property
26. Administration of estates
27. Succession
28. The effect of marriage on property
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
Appendices
Index

CONTRIBUTOR INFORMATION

Dicey, Morris & Collins on the Conflict of Laws is written and edited by an unrivalled team, combining academic excellence with practical expertise. The General Editors are: Lord Collins of Mapesbury, who was until 2011 a Justice of the Supreme Court of the United Kingdom, and is now Professor of Law, University College London; and Professor Jonathan Harris, Professor of International Commercial Law, King’s College, London.

EDITORS & EDITORIAL BOARD

General Editors:
Lord Collins of Mapesbury and Professor Jonathan Harris.

Editors:
Sir Richard Aikens;
Edward Devereux QC;
Professor Andrew Dickinson;
Professor J.D. McClean;
Campbell McLachlan QC;
Felicity Toube QC.

Assistant Editor: Veronica Ruiz Abou-Nigm

AVAILABLE ONLINE

Dicey, Morris & Collins The Conflict of Laws is available online via Westlaw UK's renowned interface delivering unprecedented functionality and navigation.

To find out more about the definitive collection of titles on Westlaw UK please visit http://legalresearch.westlaw.co.uk/inside-westlaw-uk/books-looseleafs/

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