scholarly journals The Law of Domicile: Re Foote Estate

2010 ◽  
pp. 189
Author(s):  
Gerald B. Robertson
Keyword(s):  
Reference Point ◽  
Law Students ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
The Law

In the area of conflict of laws the concept of domicile has declined in importance over the last few decades, both as a connecting factor in choice of law and as a basis for jurisdiction, as well as a basis for recognition of foreign divorces. Consequently, it is quite rare these days to find a case devoted entirely to determining the question of a person’s domicile. For that reason alone the recent decision of the Alberta Court of Queen’s Bench in Re Foote Estate is noteworthy. But what makes the case truly remarkable is the extent and depth of its scholarly review of the law of domicile. The Reasons for Judgment of Graesser J., spanning 546 paragraphs, contain what is unquestionably the most comprehensive and detailed judicial analysis of the law of domicile to be found in any Canadian case in recent times. Almost every aspect of domicile is canvassed with such depth and accuracy of analysis that the case will undoubtedly now be the starting reference point for practitioners and law students alike when grappling with the law of domicile.

The Conflict of Laws and Unjust Enrichment

2021 ◽  
pp. 175-198
Author(s):  
Andrew Burrows
Keyword(s):  
European Union ◽  
The European Union ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
The Past ◽  
The Law ◽  
The Relationship

This essay revisits the relationship between the conflict of laws and the law of unjust enrichment (or, more widely, the law of restitution) in light of shifts in the legal landscape over the past forty years. It considers the rules of jurisdiction and of choice of law applied by the English courts, accounting for the effects of the UK’s departure from the European Union.

Procedure

2019 ◽  
pp. 225-238
Author(s):  
V.C. Govindaraj
Keyword(s):  
The Other ◽  
Remedial Measures ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Other Hand ◽  
Foreign Law ◽  
The Law ◽  
Substantive Law

This chapter begins with a brief discussion of the jurisprudential distinction between substance and procedure. Substance relates to rights and obligations of the parties to a dispute, whereas procedure is the means employed to determine such rights and obligations. Matters of substantive law are governed by the lex causae (that is, the law that governs the cause of action), the law found applicable under the concerned country’s rules for the choice of law. Matters of procedure, on the other hand, are governed by the lex fori (that is, the law of the forum), the law of country where the action is brought. The chapter covers procedural matters of interlocutory character; remedial measures for enforcing a right; conflict of laws and the law of limitations; matters of enforcement; underlying norms and principles of stay of proceedings; and proof of foreign law.

CHOICE OF LAW REGARDING THE VOLUNTARY ASSIGNMENT OF CONTRACTUAL OBLIGATIONS UNDER THE ROME I REGULATION

2011 ◽  
Vol 60 (1) ◽  
pp. 29-56 ◽  
Author(s):  
Trevor C Hartley
Keyword(s):  
Third Parties ◽  
The Other ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Other Hand ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I ◽  
The Relationship

AbstractThe voluntary assignment of contractual (and non-contractual) obligations in conflict of laws is governed by article 14 of the Rome I Regulation. Under this, the validity of the assignment as between the assignor and assignee is governed by the law applicable to the contract between them (paragraph 1 of article 14). On the other hand, the assignability of the claim and the relationship between the debtor and the assignee are governed by the law applicable to the obligation assigned (paragraph 2 of article 14). Certain issues are, however, outside the scope of article 14 as it stands at present. These are the question of priorities between competing assignments (if the same obligation is assigned twice to different assignees) and the rights of third parties (mainly creditors of the assignor). This article examines the precise scope of the two existing paragraphs and considers the arguments that might be relevant in deciding what law should govern the issues at present not covered by either paragraph, a question that has become more pressing in view of the fact that negotiations will soon begin on a possible amendment of article 14 to deal with it.

Choice of Law in the Shifting Sands of Securities Trading

2021 ◽  
pp. 199-224
Author(s):  
Maisie Ooi
Keyword(s):  
Choice Of Law ◽  
Conflict Of Laws ◽  
Distributed Ledger ◽  
Distributed Ledger Technology ◽  
The Law ◽  
Securities Trading

In this essay, the author examines how the conflict of laws has approached the task of determining the law applicable to issues relating to securities, and whether that approach is suitable for determining the law applicable to the proprietary aspects of securities created or traded through the use of distributed ledger technology (DLT), including cryptosecurities, and other new forms of securities holding and trading.

Private International Law

2018 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Application Of Law ◽  
Cross Border ◽  
Corrective Measures ◽  
The Supreme Court ◽  
The Law

In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards. The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.

Global PPPs and the Choice of Law Challenge

2020 ◽  
Vol 8 (1) ◽  
pp. 79-115
Author(s):  
Yock Lin Tan
Keyword(s):  
Common Law ◽  
Public And Private ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
The Public ◽  
Legal Structure ◽  
Foreign State ◽  
Relational Distance ◽  
Belt And Road ◽  
The Belt And Road

Abstract Positing the public-private partnership as an important optional legal structure in the delivery of infrastructural services in the Belt and Road Initiative (BRI), this exploratory article discusses the crucial, but formidable, problems of risks in management or governance. It considers whether traditional common law conflict of laws as applied in Singapore courts can contribute principles that recognize shared expectations and commitment or foster solidarity, mutuality, and trust—values regarded as essential to their effective resolution. Arguing that traditional conflicts distinctions between State and non-State law as well as between public and private law are unhelpful in this respect, it concludes that modern critical developments contain promising prospects for developing such principles. These principles will predicate a role for foreign State substantive public policies and, if there is relevant ‘relational distance’, implement them in BRI choice-of-law disputes, thereby reconciling private efficiency and public accountability beyond borders.

The Restatement of the Law of Conflict of Laws

1936 ◽  
Vol 36 (2) ◽  
pp. 183
Author(s):  
Hessel E. Yntema
Keyword(s):  
Conflict Of Laws ◽  
The Law

The Law of Multistate Problems: Cases and Materials on Conflict of Laws

1968 ◽  
Vol 81 (7) ◽  
pp. 1585
Author(s):  
Charles D. Breitel ◽  
Arthur T. von Mehren ◽  
Donald T. Trautman
Keyword(s):  
Conflict Of Laws ◽  
The Law
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