Report On Reform Of The Law Concerning Choice Of Law In Contract

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The Conflict of Laws

Author : Adrian Briggs
Publisher : OUP Oxford
ISBN 13 : 019166863X
Total Pages : 1671 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Conflict of Laws by : Adrian Briggs

Download or read book The Conflict of Laws written by Adrian Briggs and published by OUP Oxford. This book was released on 2013-04-25 with total page 1671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.

Party Autonomy in Private International Law

Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Choice of Law in International Commercial Contracts

Author : Oxford Editor
Publisher :
ISBN 13 : 9780198840107
Total Pages : 1392 pages
Book Rating : 4.8/5 (41 download)

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Book Synopsis Choice of Law in International Commercial Contracts by : Oxford Editor

Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Future of the Commercial Contract in Scholarship and Law Reform

Author : Maren Heidemann
Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 472 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

Choice of Law in Copyright and Related Rights

Author : Mireille M. M. van Eechoud
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041120718
Total Pages : 306 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Choice of Law in Copyright and Related Rights by : Mireille M. M. van Eechoud

Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.

International Negotiable Instruments

Author : BENJAMIN. PEARI GEVA (SAGI.)
Publisher :
ISBN 13 : 9780198828686
Total Pages : 288 pages
Book Rating : 4.8/5 (286 download)

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Book Synopsis International Negotiable Instruments by : BENJAMIN. PEARI GEVA (SAGI.)

Download or read book International Negotiable Instruments written by BENJAMIN. PEARI GEVA (SAGI.) and published by . This book was released on 2020-11-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and thorough analysis of the legal framework for the treatment of international negotiable instruments. It considers the approach within and across major legal systems and pinpoints the key distinctions for the application of choice of law rules.

The Choice Theory of Contracts

Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan

Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Electronic Consumer Contracts in the Conflict of Laws

Author : Zheng Sophia Tang
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259309
Total Pages : 347 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Electronic Consumer Contracts in the Conflict of Laws by : Zheng Sophia Tang

Download or read book Electronic Consumer Contracts in the Conflict of Laws written by Zheng Sophia Tang and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

The Common Law Jurisprudence of the Conflict of Laws

Author : Sarah McKibbin
Publisher : Bloomsbury Publishing
ISBN 13 : 1509954287
Total Pages : 293 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Common Law Jurisprudence of the Conflict of Laws by : Sarah McKibbin

Download or read book The Common Law Jurisprudence of the Conflict of Laws written by Sarah McKibbin and published by Bloomsbury Publishing. This book was released on 2023-05-04 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.

Choice of Law

Author : Dean Symeon C. Symeonides
Publisher : Oxford University Press
ISBN 13 : 0190496746
Total Pages : 841 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Choice of Law by : Dean Symeon C. Symeonides

Download or read book Choice of Law written by Dean Symeon C. Symeonides and published by Oxford University Press. This book was released on 2016-04-15 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.

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 Future of Contract Law in Latin America

Author : Rodrigo Momberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914269
Total Pages : 353 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of Contract Law in Latin America by : Rodrigo Momberg

Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

The Choice of Law Contract

Author : Maria Hook
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901019
Total Pages : 285 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Choice of Law Contract by : Maria Hook

Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Australian Private International Law for the 21st Century

Author : Andrew Dickinson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255281
Total Pages : 356 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Australian Private International Law for the 21st Century by : Andrew Dickinson

Download or read book Australian Private International Law for the 21st Century written by Andrew Dickinson and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.

Philosophical Foundations of Contract Law

Author : Gregory Klass
Publisher : OUP Oxford
ISBN 13 : 019102208X
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of Contract Law by : Gregory Klass

Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.