Private International Law In Mainland China Taiwan And Europe

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Private International Law in Mainland China, Taiwan and Europe

Author : Jürgen Basedow
Publisher :
ISBN 13 : 9783161533563
Total Pages : 0 pages
Book Rating : 4.5/5 (335 download)

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Book Synopsis Private International Law in Mainland China, Taiwan and Europe by : Jürgen Basedow

Download or read book Private International Law in Mainland China, Taiwan and Europe written by Jürgen Basedow and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsübersicht: Part 1: Jurisdiction, Choice of Law, and the Recognition of Foreign Judgments in Recent Legislation Jin Huang: New Perspectives on Private International Law in the People's Republic of China - Rong-Chwan Chen: Jurisdiction, Choice of Law and the Recognition of Foreign Judgments in Taiwan - Stefania Bariatti: Jurisdiction, Choice of Law and the Recognition of Foreign Judgments in Recent EU Legislation Part 2: Selected Problems of General Provisions Weizuo Chen: Selected Problems of General Provisions in Private International Law: The PRC Perspective - Rong-Chwan Chen: General Provisions in the Taiwanese Private International Law Enactment 2010 - Jürgen Basedow: The Application of Foreign Law - Comparative Remarks on the Practical Side of Private International Law Part 3: Property Law Huanfang Du : The Choice of Law for Property Rights in Mainland China: Progress and Imperfection - Yao-Ming Hsu: Property Law in Taiwan- Louis d'Avout: Property Law in Europe Part 4: Contractual Obligations Qisheng He: Recent Developments of New Chinese Private International Law With Regard to Contracts - David J.W. Wang: The Revision of Taiwan's Choice-of-law Rules in Contracts - Pedro A. De Miguel Asensio: The Law Applicable to Contractual Obligations. The Rome I Regulation in Comparative Perspective Part 5: Non-Contractual Obligations Guoyong Zou: The Latest Developments in China's Conflicts Law for Non-contractual Obligations - En-Wei Lin: New Private International Law Legislation in Taiwan: Negotiorum Gestio, Unjust Enrichment and Tort - Peter Arnt Nielsen: Non-Contractual Obligations in the European Union: The Rome II Regulation Part 6: Personal Status (Family Law/Succession Law) Yujun Guo: Personal Status in Chinese Private International Law Reform - Hua-Kai Tsai: Recent Developments in Taiwan's Private International Law on Family Matters - Katharina Boele-Woelki: International Private Law in China and Europe:A Comparison of Conflict-of-law Rules Regarding Family and Succession Law Part 7: Company Law Tao Du: The New Chinese Conflict-of-law Rules for Legal Persons: Is the Middle Way Feasible? - Wang-Ruu Tseng: Private International Law in Taiwan - Company Law - Marc-Philippe Weller: Companies in Private International Law - A European and German Perspective Part 8: International Arbitration Song Lu: China - A Developing Country in the Field of International Arbitration - Carlos Esplugues Mota: International Commercial Arbitration in the EU and the PRC: A Tale of Two Continents or 28 + 3 Legal Systems.

Interregional Recognition and Enforcement of Civil and Commercial Judgments

Author : Jie (Jeanne) Huang
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253718
Total Pages : 352 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Interregional Recognition and Enforcement of Civil and Commercial Judgments by : Jie (Jeanne) Huang

Download or read book Interregional Recognition and Enforcement of Civil and Commercial Judgments written by Jie (Jeanne) Huang and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.

Private International Law in China

Author : Guangjian Tu
Publisher : Springer
ISBN 13 : 9812879935
Total Pages : 193 pages
Book Rating : 4.8/5 (128 download)

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Book Synopsis Private International Law in China by : Guangjian Tu

Download or read book Private International Law in China written by Guangjian Tu and published by Springer. This book was released on 2015-10-28 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book’s easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

Chinese Private International Law

Author : Xiaohong Liu
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924388
Total Pages : 432 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Chinese Private International Law by : Xiaohong Liu

Download or read book Chinese Private International Law written by Xiaohong Liu and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.

Private International Law in Taiwan

Author : Rong-Chwan Chen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542233
Total Pages : 416 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Taiwan by : Rong-Chwan Chen

Download or read book Private International Law in Taiwan written by Rong-Chwan Chen and published by Kluwer Law International B.V.. This book was released on 2021-12-21 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Taiwan. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Taiwan. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Private International Law in East Asia

Author : Olivier Gaillard
Publisher : Bloomsbury Publishing
ISBN 13 : 150997010X
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in East Asia by : Olivier Gaillard

Download or read book Private International Law in East Asia written by Olivier Gaillard and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Private International Law

Author : Franco Ferrari
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906903
Total Pages : 520 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Private International Law by : Franco Ferrari

Download or read book Private International Law written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Private International Law

Author : Symeon C. Symeonides
Publisher : BRILL
ISBN 13 : 9004503919
Total Pages : 502 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Private International Law by : Symeon C. Symeonides

Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

Optional Choice of Court Agreements in Private International Law

Author : Mary Keyes
Publisher : Springer Nature
ISBN 13 : 3030239144
Total Pages : 528 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Optional Choice of Court Agreements in Private International Law by : Mary Keyes

Download or read book Optional Choice of Court Agreements in Private International Law written by Mary Keyes and published by Springer Nature. This book was released on 2019-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

The Elgar Companion to the Hague Conference on Private International Law

Author : Thomas John
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976509
Total Pages : 544 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Elgar Companion to the Hague Conference on Private International Law by : Thomas John

Download or read book The Elgar Companion to the Hague Conference on Private International Law written by Thomas John and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.

Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017)

Author : Chia-Jui Cheng
Publisher : BRILL
ISBN 13 : 9004355308
Total Pages : 346 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017) by : Chia-Jui Cheng

Download or read book Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017) written by Chia-Jui Cheng and published by BRILL. This book was released on 2018-01-22 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first essay of this volume is written by Hans van Loon, who was the Secretary-General of The Hague Conference of Private International Law (HCCH) from 30 June 1996 to 30 June 2013, and who steered the Conference during a time of global expansion and transformation. He has been a forerunner in the formulation of modern private international law through multilateral treaties and was involved in the development of nine Hague Conventions, as well as the revision of the Statute of the Hague Conference. The continued relevance of the Hague Conference in the 21st century is in large part due to his commitment to the field of private international law and his awareness of its role in a broader social context. In recent years, private international law has become intertwined with public international law. Van Loon's essay on "At the Cross-Roads of Public and Private International Law - The Hague Conference on Private International [and its Work]" evidences that the system of modern international law is inseparable from private international law. One of the most highly qualified figures in international marine environment law is Prof. Bimal N. Patel, Director and Professor of Public International Law, Gujarat National Law University in India. The protection and preservation of the marine environment has been the subject of global and regional cooperation within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other multilateral treaties thereof. Prof. Patel's essay on "Marine Environment Law and Practice of China, India, Japan and Korea" provides a timely study of the material sources of international marine environmental law. Prof. Ernst-Ulrich Petersmann has been a pioneer in formulating the material part of international economic law in each of its developmental stage. His essays display remarkable intellectual vitality, illustrating his new initiatives in the subject of international economic law. He was first invited to lecture at the Xiamen summer programme in 2006, on "New Dimensions of International Economic Law", and he was again invited to deliver a lecture on "Methodological Problems in International Trade, Investment and Health Law and Adjudication" at the commemoration of the tenth anniversary of the establishment of Xiamen Academy in 2015. With his practical experience with the World Trade Organization (WTO), and teaching and research at the European University Institute in Florence, Prof. Petersmann has not only promoted and illuminated public international economic law, he is also one of a group of highly qualified scholars who have been writing and collaborating with others in order to lay the foundation of modern international economic law.

Choice of Law and Recognition in Asian Family Law

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956352
Total Pages : 603 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Choice of Law and Recognition in Asian Family Law by : Anselmo Reyes

Download or read book Choice of Law and Recognition in Asian Family Law written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.

China’s Foreign-Invested Limited Partnership Enterprise

Author : Stephan Kuntner
Publisher : Springer Nature
ISBN 13 : 3030541819
Total Pages : 377 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis China’s Foreign-Invested Limited Partnership Enterprise by : Stephan Kuntner

Download or read book China’s Foreign-Invested Limited Partnership Enterprise written by Stephan Kuntner and published by Springer Nature. This book was released on 2020-10-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.

Direct Jurisdiction

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936440
Total Pages : 441 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Direct Jurisdiction by : Anselmo Reyes

Download or read book Direct Jurisdiction written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.

Recognition and Enforcement of Foreign Arbitral Awards

Author : George A. Bermann
Publisher : Springer
ISBN 13 : 3319509152
Total Pages : 1096 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards by : George A. Bermann

Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by George A. Bermann and published by Springer. This book was released on 2017-07-17 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”

Treatment of Foreign Law - Dynamics towards Convergence?

Author : Yuko Nishitani
Publisher : Springer
ISBN 13 : 3319565745
Total Pages : 637 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Treatment of Foreign Law - Dynamics towards Convergence? by : Yuko Nishitani

Download or read book Treatment of Foreign Law - Dynamics towards Convergence? written by Yuko Nishitani and published by Springer. This book was released on 2017-07-04 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

Chinese Contract Law - Theory & Practice, Second Edition

Author : Mo Zhang
Publisher : BRILL
ISBN 13 : 9004414789
Total Pages : 495 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Chinese Contract Law - Theory & Practice, Second Edition by : Mo Zhang

Download or read book Chinese Contract Law - Theory & Practice, Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.