scholarly journals Conflict of Laws upon the Subject of Marriage and Divorce

1906 ◽  
Vol 15 (8) ◽  
pp. 387
Author(s):  
Clarence D. Ashley
Keyword(s):  
Conflict Of Laws ◽  
Marriage And Divorce ◽  
The Subject

Product Liability and the Conflict of Laws

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Legal System ◽  
Product Liability ◽  
Specific Aspect ◽  
Private Law ◽  
General Sense ◽  
Conflict Of Laws ◽  
The Subject ◽  
Specific Sense

The conflict of laws is one of the names given to the subject that deals with the resolution of private law disputes between private law parties where the facts have a connection to more than one legal system. Such situations arise frequently in product liability. For example, a product is assembled in State A using different components manufactured in States B, C, and D. Alternatively, a product is manufactured in State A, placed upon the market in State B, and consumed by the purchaser in State C, causing him injury which requires treatment in State D. In product liability litigation the fact that there are foreign issues means that a lawyer presented with such a case by the claimant must consider additionally three basic and interrelated questions. First, can the desired court hear the case the claimant would present to it? This is the jurisdiction question. If the answer is ‘No’, the claimant’s case will not proceed in that forum but may be able to be presented in another forum. If the answer is ‘Yes’, this means that the rules of jurisdiction may allow the claimant’s case to proceed as desired. The question of jurisdiction has a general and a specific aspect: the court must have the jurisdiction to hear the claim considered both in a general sense and in the specific sense involving the specific parties that the claimant would involve in the litigation he hopes to conduct before it.

1. Introduction

2016 ◽  
Author(s):  
Jonathan Hill
Keyword(s):  
International Law ◽  
Private International Law ◽  
Potential Conflict ◽  
English Court ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Foreign Countries ◽  
Recognition And Enforcement ◽  
The Subject

This introductory chapter begins by explaining the nature of the subject known as conflict of laws or private international law, which deals with cases before the English court which have connections with foreign countries. The foreign elements in the case may be events which have taken place in a foreign country or countries, or they may be the foreign domicile, residence, or place of business of the parties. In short, any case involving a foreign element raises potential conflict of laws issues. The conflict of laws is concerned with the following three questions: jurisdiction; choice of law; and the recognition and enforcement of foreign judgments. The remainder of the chapter discusses the various stages of proceedings which raise conflict of laws issues.

The Conflict of Laws

2019 ◽  
Author(s):  
Adrian Briggs
Keyword(s):  
International Law ◽  
Common Law ◽  
Private International Law ◽  
European Law ◽  
Conflict Of Laws ◽  
Accurate Representation ◽  
European Legislation ◽  
The Subject ◽  
To Come ◽  
Contractual Obligations

This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect this will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations; and the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. This new edition of the text organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of English private international law required it to be seen as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing—and probably for some time to come—the consequences of Brexit are a mystery, the attempt is made to describe the various possible shapes which the subject will assume in the future.

The Conflict of Laws in India

2019 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Contemporary World ◽  
Territorial Conflicts ◽  
Critical Issues ◽  
Recent Developments ◽  
The Subject ◽  
The Law

Conflict of laws, or private international law, is an increasingly important subject of study due to increasing movement and relocation of large number of people from one jurisdiction to another for personal and professional reasons. This book is a detailed and up-to-date study of conflict of laws and focuses on its three main areas: the law of obligations, law of property, and law of persons. It provides fresh perspectives on the subject and analyses its significance in the dynamic contemporary world. The work not only lucidly examines the inter-territorial conflicts but also lays a special emphasis on inter-personal disputes in the Indian context. It evaluates the role of various international instruments and conventions including The Hague Convention on private international law designed to resolve international conflicts. The book also discusses critical issues such as habitual residence, domicile, and obligations for shaping foreign contracts and torts. This revised edition elaborates on the recent developments in two areas of the subject, namely Muslim law and the law relating to guardianship.

Contractual Business Networks: The Case of Syndicated Loans

2017 ◽  
Vol 13 (2) ◽  
pp. 164-194
Author(s):  
Carmen Estevan de Quesada ◽  
Moritz Renner
Keyword(s):  
Network Theory ◽  
Distribution Networks ◽  
Legal Issues ◽  
Syndicated Loans ◽  
Business Networks ◽  
Hybrid Form ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Supply And Distribution ◽  
The Subject

AbstractThere is a growing debate in law, economics and sociology about contractual business networks as a hybrid form of cooperation that combines governance elements from market and firm. Most treatments of the subject focus on the structures of supply and distribution networks and their consequences on liability and contractual interpretation. This article confronts network theory with the case of cross-border syndicated loans. Syndicated loans are a highly important instrument of corporate finance, and they merge contractual and corporate cooperation in a particularly sophisticated manner. Theories of network contracts can thus be helpful to address the legal issues of syndicated loans in different fields of law, ranging from conflict of laws to antitrust law. In turn, the analysis of syndicated loans as an example of horizontal business networks can help generate insights for the general discussion of networks in private law.

A New Approach to Private International Law

1936 ◽  
Vol 6 (1) ◽  
pp. 16-21
Author(s):  
H. C. Gutteridge
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Tradition ◽  
Text Book ◽  
New Approach ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
English System ◽  
New Ideas ◽  
The Subject

Our English system of Private International Law has for some time past lent itself to accusationsof insularity of conception and stagnation of thought. Dicey's famous work on the Conflict of Laws has threatened to develop into a comfortable niche in which our rules of jurisdiction and the choice of law would be able to dwell in cloistered seclusion undisturbed by criticism from within or by the infiltration of new ideas from without. English legal thought has, undeniably, been dominated for over a hundred years by two text-books. Story's Conflict of Laws reigned supreme until the beginning of this century when it was ousted by Dicey's treatise. Westlake's Private International Law, which in some respects is the most notable contribution which English writers have made to the development of Private International Law, never established itself in a like degree. The somewhat abstruse treatment of the subject by Westlake and his insistence on its comparative aspects involved a departure from current legal tradition which was not wellreceived by the English legal public. Foote's Private International Law which at one time was held in great favour by practitioners was avowedly confined to an analysis of the English casesand as such contained within itself the germs of the obsolescence which has overtaken it. In any event, Dicey's Conflict of Laws was elevated by the Bench and the Bar to a pinnacle of authority which has seldom been attained by a text-book, and the rules in which Dicey stated his propositions have acquired a character which is almost sacrosanct.

scholarly journals THEORETICAL AND PRACTICAL CONSIDERATIONS REFERRING THE DEADLINES OF COURTS IN INDIVIDUAL WORK IN CONFLICT SETTLEMENT ACCORDING THE LABOUR CODE AND LAW NO. 62/2011 OF THE SOCIAL DIALOGUE

2014 ◽  
Vol 8 (1) ◽  
pp. 114-121
Author(s):  
Lavinia Onica Chipea
Keyword(s):  
Professional Practice ◽  
Labor Dispute ◽  
Simple Analysis ◽  
Conflict Of Laws ◽  
Social Dialogue ◽  
Individual Work ◽  
The Social ◽  
Scientific Approach ◽  
The Subject

The scientific approach aims to analyse a topic of particular interest, bothfor current doctrine and also for professional practice. The institution of notificationdeadlines of the court in the matters of the resolution of individual labor dispute is currentlygoverned by the provisions the Labor Code, art.283 para.1 letter a. and by those of art. 211of Law nr. 62/2011 of the Social Dialogue. A simple analysis of these provisions shows that,unlike the Labor Code, Law of the Social Dialogue refers to the assumptions which aresubject to art.268 letter b. are not provided the letter d, art.268. Thus, the solutions offeredby those regulations are different and at the same time contradictory doctrine should aim toformulate hypotheses to solve "real conflict of laws", able to avoid delivery of divergent andcontradictory solutions of courts in matters which make the subject of our analysis.

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