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The Conflict of Laws

2019-10-28 Conflict of laws
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Release : 2019-10-28
Genre : Conflict of laws
Kind : eBook
Book Rating : 506/5 ( reviews)

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Book Synopsis The Conflict of Laws by : Adrian Briggs

Download or read book The Conflict of Laws written by Adrian Briggs. This book was released on 2019-10-28. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect it will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations, the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation can often obscure the architecture of the subject and unnecessarily complicate its study. This new edition organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of the topic requires it to be interpreted as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing - and possibly for some time to come - the consequences of Brexit are a mystery, but the attempt is made to describe the various possible shapes which the subject will assume in the future. The book adopts a pragmatic approach and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and in giving legal advice.

Irresolvable Norm Conflicts in International Law

2017 Law
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Release : 2017
Genre : Law
Kind : eBook
Book Rating : 372/5 ( reviews)

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Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner

Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.

Conflict of Laws: A Comparative Approach

2022-02-18 Law
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Release : 2022-02-18
Genre : Law
Kind : eBook
Book Rating : 530/5 ( reviews)

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Book Synopsis Conflict of Laws: A Comparative Approach by : Cuniberti, Gilles

Download or read book Conflict of Laws: A Comparative Approach written by Cuniberti, Gilles. This book was released on 2022-02-18. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.

Resolving Conflicts of Laws

2011 Law
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Release : 2011
Genre : Law
Kind : eBook
Book Rating : 259/5 ( reviews)

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Book Synopsis Resolving Conflicts of Laws by : Mark James Leeming

Download or read book Resolving Conflicts of Laws written by Mark James Leeming. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories

Conflict of Laws

2004 Law
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Release : 2004
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Conflict of Laws by : Eugene F. Scoles

Download or read book Conflict of Laws written by Eugene F. Scoles. This book was released on 2004. Available in PDF, EPUB and Kindle. Book excerpt: Authoritative text deals with interstate and international private litigation, business planning, estate planning, and administration. The text introduces the development and current state of approaches to choice of law. Provides the basics for determining applicable law. Reviews jurisdiction, its limitations, and its special problems. Discusses marriage, property, dissolution, and adoption. Also covers torts, contracts, succession, trusts, probate, corporations, and bankruptcy.

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