Private International Law Problems in Common Law Jurisdictions - Peter M. North

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Private International Law Problems in Common Law Jurisdictions

By: Peter M. North

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Hardcover | 1 January 1993

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Hardcover
252 Pages

Dimensions(cm)
25.4 x 17.15 x 1.91

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This book is a revised updated version of the General Course of Lectures on Private International Law delivered at the Hague Academy of International Law in 1990.

The overall purpose is to examine the development and reform of choice of law rules in a number of common law jurisdictions. Much has been written about the `Revolution' in conflict of laws in the U.S.A.; rather less account, however, has been taken of the major changes elsewhere in the common law world. This work serves to provide a critical account of those developments over the past few decades. Some changes are more recent and of international origin, such as the European Community Rome Convention (1980) on the law applicable to contractual obligations or the Hague Conventions on Child Abduction (1980), on Marriage (1978) and on Succession (1988), and consideration is given to their impact on common law jurisdictions. The process of change is a continuous one and attention is also devoted to current proposals for reform in the fields, for example, of domicile and torts.

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Non-Fiction Law International Law Private International Law & Conflict of Laws Jurisprudence & General Issues Systems of Law Common Law Laws of Specific Jurisdictions General Works of Private & Civil Law Intellectual Property Law Civil Codes & Civil Law

Preface
Biographical Note
Principal Publications
Table of Cases
Table of Statutes
Introduction	p. 1
Domicile	p. 5
Scope and Main Rules	p. 5
Problems	p. 6
Dependent domiciles
Domicile of origin
Defects in the domicile of choice rules
Avoidance	p. 8
Adopt new connecting factors
Varied concepts of domicile
New uses for old connecting factors
Reform or Abolition?	p. 11
Tinkering
Substantial reform
Abolition
Marriage	p. 23
Choice of Law in Marriage	p. 23
Essential validity - what law to apply?
Solutions to the problem
Fundamental reappraisal
Polygamous Marriages	p. 46
What is a polygamous marriage?
How is the nature of the marriage to be determined?
Can the nature of a marriage change?
How far does polygamy matter?
Divorce	p. 57
Jurisdiction	p. 57
Common law bases
Limited statutory intervention
New legislative approaches
New problems
Choice of Law	p. 68
Recognition	p. 70
Limited expansion of the recognition rules
The 'real and substantial connection' test
The introduction of statutory rules
Extra-judicial divorces
Children	p. 81
Jurisdiction and Choice of Law	p. 81
The inherent jurisdiction
New developments
Choice of Law
Recognition and Enforcement	p. 87
Common law rules
Statutory recognition regimes
International Solutions	p. 92
The Hague Child Abduction Convention
The Council of Europe Custody Convention
The two Conventions compared
Contract	p. 103
Current Issues for the Common Law	p. 104
Why choose the proper law?
What constitutes a choice of the applicable law?
What can be chosen?
What are the limits on freedom of choice?
What law governs the validity of the choice?
Can you change the proper law?
A New Statutory Approach	p. 121
History and background
Scope of the Rome Convention
The main Convention rules
Impact of the Convention
Torts	p. 145
The Background	p. 145
The Problems	p. 147
Unfairness to plaintiffs
Reliance on the law of the forum
Difficulties with Machado v. Fontes
Where is a tort committed?
Rule confined to foreign torts
Criticisms
The Palliatives	p. 151
Abandon Machado v. Fontes
Reduce the role of the law of the forum
Regard Phillips v. Eyre, in whole or in part, as providing a threshold rule
Escape devices
Substantial Reform	p. 164
Judicial reform
Legislative solutions
Property	p. 187
An Old Problem: Transfer of Tangible Movables	p. 188
The issues
Where the situs is unchanged
Where there is a change of situs
A New Problem: Retention of Title Clauses	p. 193
The problem described
The private international law issues
A New Solution to Old Problems: Succession	p. 199
Choice of law rules for succession: an outline
Are the succession choice of law rules satisfactory?
The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons: the main provisions
The Hague Succession Convention: an assessment
Bibliography	p. 207
Index	p. 215
Table of Contents provided by Blackwell. All Rights Reserved.

Private International Law Problems in Common Law Jurisdictions

At a Glance

Hardcover

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