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Author: Alexander Elder Anton Publisher: ISBN: 9780414010178 Category : Conflict of laws Languages : en Pages : 690
Book Description
A treatment of cases on the Civil Jurisdiction and Judgements Act (1982), the Civil Jurisdiction and Judgements Act (1991) and the Hague Convention on the Service Abroad of Judicial and Extra Judicial documents, the relevant Court of Session and sheriff court rules.
Author: Alexander Elder Anton Publisher: ISBN: 9780414010178 Category : Conflict of laws Languages : en Pages : 690
Book Description
A treatment of cases on the Civil Jurisdiction and Judgements Act (1982), the Civil Jurisdiction and Judgements Act (1991) and the Hague Convention on the Service Abroad of Judicial and Extra Judicial documents, the relevant Court of Session and sheriff court rules.
Author: J. J. Fawcett Publisher: Oxford University Press ISBN: 9780198259596 Category : Common law Languages : en Pages : 518
Book Description
The subject of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing. This book contains the 17 national reports and the general report on the subject of`Rules for declining to exercise jurisdiction: Forum Non Conveniens, Lis Pendens'. The Reports were held in Athens/Delphi in August 1994. The list of nations for which a report has been prepared is as follows: Argentina, Brazil, Canada, Quebec, Finland, France, Germany, Great Britain, Greece,Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and USA.This book by bringing together all the reports on `Declining Jurisdiction' provides a unique insight into this topic, and, dealing as it does with a key aspect of private international law, fits very well into the Oxford series of monographs on private international law.
Author: Hector L MacQueen Publisher: Bloomsbury Publishing ISBN: 1526513846 Category : Law Languages : en Pages : 440
Book Description
Provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; - Includes examples of typical contract clauses and treats remedies in detail; - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law; - Is written in a clear, well structured style and uses diagrams to illustrate complex situations. The fifth edition covers key Supreme Court cases including Cavendish Square Holding BV v Tala El Makdessi and ParkingEye Limited v Beavis regarding penalty clauses. It also includes a new chapter on capacity to make a contract ie 'Who can make a Contract?'
Author: Henry H. Perritt Publisher: Wolters Kluwer ISBN: 9780735517448 Category : Law Languages : en Pages : 1140
Book Description
New edition of a resource about the information superhighway, more formally known as the National Information Infrastructure (NII) and the "infobahn," or Global Information Infrastructure (GII) in Europe. Perritt (law, Illinois Institute of Technology and Chicago-Kent College of Law) presents 15 chapters that deal with the NII as a source of legal
Author: Lorna E. Gillies Publisher: Routledge ISBN: 1317145232 Category : Business & Economics Languages : en Pages : 289
Book Description
Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.
Author: Peter R. Barnett Publisher: Oxford Private International L ISBN: 9780199243396 Category : Law Languages : en Pages : 432
Book Description
This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.
Author: Alexander Elder Anton
Author: Alexander Elder Anton
Author: Alexander Elder Anton
Author: Alexander Elder Anton
Author: Alexander E. Anton
Author: J. J. Fawcett
Author: Hector L MacQueen
Author: Henry H. Perritt
Author: Lorna E. Gillies
Author: Alexander Elder Anton
Author: Peter R. Barnett