By Chuah, Jason Chuah, Alina Kaczorowska

ISBN-10: 1859414133

ISBN-13: 9781859414132

Clash of legislation is a topic of becoming importance,especially within the gentle of advancements within the ecu Union. This e-book covers the most issues in the topic: normal ideas and ideas fascinated by clash of legislation; homestead of people and firms; jurisdiction; number of legislation in agreement, tort, kinfolk relationships and estate concerns; and popularity and enforcement of international decisions and arbitral awards. vital rules and thoroughly chosen circumstances in those components are highlighted and defined. the purpose of this e-book is to aid scholars of their revision of the topic by way of allowing them to realize event in answering exam questions. The undergraduate scholar analyzing clash of legislation may still locate this e-book fairly necessary while getting ready for examinations, while postgraduates may still locate its references and discussions precious of extra exam and exploration.

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Sample text

They were also considered as being too general and an obstacle to the unification of private international law. Indeed, the traditional conflict of law rules, in the terminology of the recent American scholars, are based on the ‘jurisdiction selection’ approach. This requires that, once the conditions for their application are satisfied, the court has to apply them irrespective of the content of the substantive rules selected by the choice of law as competent to solve the multi-State problem. As a result, the traditional conflict of law rules may produce unjust and unfair solutions, since the substantive rules of the selected law are applied without taking into account the circumstances of a particular case.

This axiom was, perhaps, taken to extremes in Szechter v Szechter (1971). In that case, under the relevant conflicts rule, Polish law was the proper law. During trial, the expert witness was hospitalised and unable to give oral evidence in court. As a result, the court disregarded Polish law and gave its judgment in reliance on English law. The basis of this case is that English law will always 21 Q & A ON CONFLICT OF LAWS remain the applicable law, unless and until a relevant foreign law has been successfully pleaded and proved.

Another instance is the admissibility of copies of laws made by the legislature of any ‘British possession’ under the Evidence (Colonial Statutes) Act 1907. In both situations, the emphasis is upon the extent to which judicial notice should be given of the foreign law as a matter of fact. As a matter of proof, where the parties do not rely on the relevant foreign law in their statements of case, the English court will not of its own accord apply that foreign law. Instead, it will merely apply English law to the dispute.

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Conflict of Laws (Question & Answers) by Chuah, Jason Chuah, Alina Kaczorowska


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