Private international law problems in common law jurisdictions|RISS 상세보기

목차 (Table of Contents)

CONTENTS
Preface = xi
Biographical Note = xiii
Principal Publications = xiv
Table of Cases = xvii

CONTENTS
Preface = xi
Biographical Note = xiii
Principal Publications = xiv
Table of Cases = xvii
Table of Statutes = xxix
Introduction = 1
Chapter I. Domicile = 5
1. Introduction = 5
2. Scope and Main Rules = 5
3. Problems = 6
(a) Dependent domiciles = 6
(b) Domicile of origin = 7
(c) Defects in the domicile of choice rules = 8
4. Avoidance = 8
(a) Adopt new connecting factors = 8
(b) Varied concepts of domicile = 9
(c) New uses for old connecting factors = 11
5. Reform or Abolition? = 11
(a) Tinkering = 12
(b) Substantial reform = 14
(i) General characteristics = 14
(ii) Reform pattern set in Australasia = 16
(iii) The United Kingdom proposals = 16
(c) Abolition = 19
(i) The Irish Approach = 20
(ii) Manitoba legislation = 21
Chapter II. Marriage = 23
1. Choice of Law in Marriage = 23
(a) Introduction = 23
(b) Essential validity―what law to apply? = 25
(i) The two main approaches = 25
(ii) Merits and demerits = 26
(iii) Balancing the arguments = 29
(c) Solutions to the problem = 30
(i) Variations on a theme = 30
(ii) A different test: the proper law of the marriage = 33
(iii) Separate tests for different issues = 36
(d) Fundamental reappraisal = 41
(i) The Hague Marriage Convention in outline = 41
(ii) The Australian experience = 43
(iii) Criticisms of the Convention = 45
(e) Conclusions = 46
2. Polygamous Marriages = 46
(a) Introduction = 46
(b) What is a polygamous marriage? = 47
(c) How is the nature of the marriage to be determined? = 48
(d) Can the nature of a marriage change? = 49
(i) Change from polygamous to monogamous = 49
(ii) Change from monogamous to polygamous = 50
(e) How far does polygamy matter? = 51
(f) Jurisdiction over polygamous marriages = 51
(i) Original restrictive approach = 51
(ii) Reforms = 52
(iii) Remaining problems = 53
(g) Conclusions = 55
Chapter III. Divorce = 57
1. Introduction = 57
2. Jurisdiction = 57
(a) Common law bases = 57
(b) Limited statutory intervention = 59
(c) New legislative approaches = 60
(i) A muddled solution: New Zealand = 60
(ii) Introduction of a range of jurisdictional bases = 61
(d) New problems = 64
(i) Will the divorce be recognised abroad? = 64
(ii) Staying of divorce proceedings = 65
3. Choice of Law = 68
4. Recognition = 70
(a) Limited expansion of the recognition rules = 70
(b) The 'real and substantial connection' test = 72
(c) The introduction of statutory rules = 74
(d) Extra-judicial divorces = 76
5. Conclusions = 79
Chapter IV. Children = 81
1. Introduction = 81
2. Jurisdiction and Choice of Law = 81
(a) The inherent jurisdiction = 81
(b) New developments = 83
(i) Australia = 83
(ii) Canada = 83
(iii) United Kingdom = 84
(c) Choice of Law = 86
3. Recognition and Enforcement = 87
(a) Common law rules = 87
(b) Statutory recognition regimes = 88
(i) Canada = 89
(ii) Australasia = 90
(iii) United Kingdom = 91
4. International Solutions = 92
(a) The Hague Child Abduction Convention = 92
(i) Scope = 92
(ii) Procedures = 95
(iii) When return may be refused = 95
(iv) Wider impact = 98
(b) The Council of Europe Custody Convention = 99
(i) Scope and procedures = 99
(ii) Refusal of recognition and enforcement = 99
(c) The two Conventions compared = 101
Chapter V. Contract = 103
1. Introduction = 103
2. Current Issues for the Common Law = 104
(a) Why choose the proper law? = 104
(b) What constitutes a choice of the applicable law? = 105
(c) What can be chosen? = 106
(i) Renvoi = 106
(ii) A floating proper law = 107
(iii) Lex mercatoria clauses = 109
(d) What are the limits on freedom of choice? = 111
(i) Bona fide and legal = 112
(ii) Public policy = 112
(iii) Choice of an unconnected law = 114
(iv) Meaningless or difficult choice = 115
(e) What Iaw governs the validity of the choice? = 115
(i) The theories = 115
(ii) The common law authorities = 116
(iii) The arguments assessed = 118
(f) Can you change the proper law? = 119
(i) Policy issue = 120
(ii) Present legal rules = 120
3. A New Statutory Approach = 121
(a) History and background = 121
(b) Scope of the Rome Convention = 123
(i) Broad aspects = 123
(ii) Limitations = 124
(iii) Avoidance of problems = 125
(c) The main Convention rules = 125
(i) General = 125
(ii) Freedomof choice = 126
(iii) The law applicable in the absence of choice = 127
(iv) Particular issues = 129
(d) Impact of the Convention = 134
(i) Objectives = 134
(ii) Effects = 135
4. Conclusions = 142
Chapter VI. Torts = 145
1. The Background = 145
2. The Problems = 147
(a) Unfairness to plaintiffs = 147
(b) Reliance on the law of the forum = 147
(c) Difficulties with Machado v. Fontes = 148
(d) Where is a tort committed? = 149
(e) Rule confined to foreign torts = 150
(f) Criticisms = 150
3. The Palliatives = 151
(a) Abandon Machado v. Fontes = 151
(i) Reject requirement of wrongfulness by the law of the place of the wrong = 151
(ii) What does 'double actionability' mean? = 153
(iii) Are both laws to be applied cumulatively? = 154
(b) Reduce the role of the law of the forum = 155
(c) Regard Phillips v. Eyre, in whole or in part, as providing a threshold rule = 156
(d) Escape devices = 157
(i) Treat forum law as mandatory = 157
(ii) Reclassify the claim = 158
(iii) Escape into family law = 158
(iv) Escape into contract = 159
4. Substantial Reform = 164
(a) Judicial reform = 164
(i) Radical reform: Ireland = 164
(ii) Cautious reform: England = 166
(iii) Confused reform: Australia = 172
(b) Legislative solutions = 177
(i) Limited reform = 177
(ii) General reform = 178
5. Conclusions = 184
Chapter VII. Property = 187
1. Introduction = 187
2. An Old Problem: Transfer of Tangible Movables = 188
(a) The issues = 188
(b) Where the situs is unchanged = 189
(c) Where there is a change of situs = 190
(i) The case-law = 190
(ii) The case for change assessed = 192
3. A New Problem: Retention of Title Clauses = 193
(a) The problem described = 193
(b) The private international law issues = 194
(i) The basic problem case = 195
(ii) Complications where the situs changes = 195
(iii) No new act by the buyer = 196
(iv) A clause which creates a charge = 197
(v) What law governs the affect on title of a sub-sale? = 198
(c) Conclusions = 198
4. A New Solution to Old Problems: Succession = 199
(a) Choice of law rules for succession: an outline = 199
(b) Are the succession choice of law rules satisfactory? = 200
(i) Uncertainty = 200
(ii) Different rules for different kinds of property = 200
(iii) Rules on family provision = 201
(c) The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons: the main provisions = 202
(d) The Hague Succession Convention: an assessment = 204
Bibliography = 207
Index = 215

서점명	서명	판매현황	종이책			전자책 구매링크
서점명	서명	판매현황	정가	판매가(할인율)	포인트(포인트몰)	전자책 구매링크
	Private International Law Problems in Common Law Jurisdictions	판매중	462,960원	416,660원 (10%)	20,840포인트 (5%)

상세검색

RISS 보유자료

상세검색

해외전자자료

Private international law problems in common law jurisdictions

부가정보

온라인 도서 정보

분석정보

연관 공개강의(KOCW)

이 자료와 함께 이용한 RISS 자료

나만을 위한 추천자료