The Conflict of Laws

Could you sue in England if you made a contract with someone overseas, or if you had an accident overseas? If you were to sue in England in one of these cases, which country's laws would be applied? Would you have anything to worry about if you were sued overseas but didn't intend to go back to the country concerned? Could you take steps in England to stop someone suing you overseas? The Conflict of Laws provides a complete yet accessible survey of English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments. It looks at the principles of choice of law for cases with an international element, for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, dealings with property overseas, and family and personal matters (including marriage, divorce, and financial support) across different jurisdictions. As the law becomes less 'English' and more 'European', real and difficult questions arise at the point where two sources of legislative authority, and two streams of judicial authority, come together. This fully updated second edition explores how these changes are altering the foundations of the subject. In the established tradition of the Clarendon Law Series, The Conflict of Laws is both an introduction to the subject and a critical consideration of its central themes and debates.

Dettagli