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Conflict Of Laws

Conflict Of Laws

          
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About the Book

Conflict of Laws is a field of law which is not widely known to the ordinary law practitioner. It has to be considered only if a particular litigation has a foreign element as, for example, when the contract in issue was entered into in another country or was to be performed in another country. This is only one example, and there are numerous other situations where the principles of conflict of laws may have to be applied- if parties were married abroad; if the deceased was domiciled abroad; if the company was incorporated abroad, etc. Resort to the rules of conflict of laws may be necessary in the most diverse situations. This branch of law is likely to be of growing importance in India as there is increasing international trade, more cross-border investment and, as increasingly, more Indians live and settle outside India.

Table of Contents:
Preface to the Third Edition v Preface to the Second Edition vii Preface to the First Edition viii Table of Cases xix Chapter No. Page No. 1. Nature and Scope of Conflict of Laws 1 Meaning of Conflict of Laws 1 Basis of Conflict of Laws 3 Name of the Subject 5 Issues that Arise in the Conflict of Laws 6 Need for Rules of Conflict of Laws 7 Sources of Rules of Conflict of Laws 9 Commonly Used Phrases and Words 11 2. Characterisation, the Incidental Question, and the Time Factor 13 Meaning of Characterisation 13 Process of Characterisation 15 Position in English Law 16 Exceptional English Cases 16 The Normal English Rule 17 Characterisation of Issue 20 A More Recent English Approach 21 Position in Some Common Law Countries 21 Suggested Approach To Characterisation 23 The Incidental Question 24 The Time Factor: Retrospective Alteration of Laws 26 Alteration in the Rules of Conflict of Laws 27 Relevant Time When Applying the Connecting Factor 27 Changes in the Lex Causae: General 27 Changes in the Lex Causae: Suggested Solution 32 3. Renvoi 33 The Problem 33 Possible Solutions 34 Position in England 35 Position in Some Common Law Countries 40 Position in European Union 41 Renvoi: Suggested Solution 42


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Product Details
  • ISBN-13: 9789351432234
  • Publisher: LexisNexis
  • Binding: Paperback
  • Language: English
  • ISBN-10: 9351432238
  • Publisher Date: 2014
  • Edition: 3rd
  • No of Pages: 72

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