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Books > Law > International law > Private international law & conflict of laws
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Restitution in Private International Law (Hardcover)
Loot Price: R4,679
Discovery Miles 46 790
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Restitution in Private International Law (Hardcover)
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This important new book fills a large gap in legal literature by
examining restitution in private international law,including both
the jurisdiction and choice of law questions facing restitutionary
claims with international elements. The book begins with a brief
summary of the English domestic law of restitution and highlights
some of the issues which may arise. It goes on to examine
classification, or characterisation of restitutionary claims.
Restitution has a theoretical unity which enables the author to
treat it essentially as a single issue for characterisation
purposes. However, restitutionary claims arise in the context of
contracts and wrongs; they may be at law or in equity; they may
give rise to personal or proprietary remedies, whilst they may be
contingent on tracing. Each of these contexts is analysed
separately for the purposes of characterisation. The central part
of the book examines the choice of law rule for restitutionary
issues, and reviews the different approaches adopted in the US and
UK and in other parts of the common law world. After weighing the
merits of the different approaches the author adopts a choice of
law rule for restitutionary issues which is the proper law of the
unjust factor. Depending on whether the unjust factor is
event-based or law-based, the choice of law rule will focus on
either the law of the place, or alternatively, the legal system
with which the unjust factor has its closest and most real
connection. Jurisdiction is an area of increasing importance in
private international law and the book provides a thorough analysis
of the topic of jurisdiction for restitutionary claims, both under
the Brussels Convention as well as the traditional common law rules
contained in the Civil Procedure Rules. This is an important and
timely new work for all lawyers interested in restitution, private
international law and international commercial litigation.
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