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Dicey, Morris & Collins on the Conflict of Laws

Dicey, Morris & Collins on the Conflict of Laws
16th Edition, Mainwork, Companion & 1st Supp
ISBN:  9780414118492
Published by:  Sweet & Maxwell
Publication Date:  30 Nov 2023
Subscription Information:  Non-Subscribable Product
Format:  Hardback, Paperback
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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.

The First Supplement to the 16th Edition brings the Main Work up-to-date. It deals with all developments since the publication of the Main Work.

Important developments considered in the First Supplement to the 16th Edition include:

  • Detailed commentary on the revisions to the grounds for service out of the jurisdiction applicable from October 1, 2022.
  • All the many new High Court and appellate cases on jurisdiction and enforcement of foreign judgments.
  • Authorities on the enforcement of arbitration agreements.
  • Analysis of new authorities on foreign affairs and the conflict of laws.
  • Important new decisions on aspects of cross-border family law.
  • New decisions on the interpretation of the rules on choice of law for contractual and non-contractual obligations and property.
  • Consideration of case law on transitional issues arising following the withdrawal by the United Kingdom from the European Union.

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CONTENTS

16th Edition: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

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