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Books > Law > International law > Private international law & conflict of laws
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Essays on Private Law - Foreign Law and Foreign Judgments (Paperback)
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Essays on Private Law - Foreign Law and Foreign Judgments (Paperback)
Series: Heritage
Expected to ship within 10 - 15 working days
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This book contains a series of essays on conflict laws, including
jurisdiction of the courts, choice of law, renvoi, property,
recognition of family status, and recognition of foreign
corporations. It is not a text-book, but an analysis and criticism
of existing principles with recommendations for reform and for a
different approach to the subject. In general, an approach is
advocated that will be simpler and less abstract and doctrinaire
than at present, and better integrated with the ordinary laws of
the forum. The recommendations made could be thought of as
principles on which to build a reform of conflict of laws or a
model code. The first two chapters deal with jurisdiction and
choice of law, two distinct topics, with different considerations
of policy, which have not always been kept distinct by judges and
text writers. The third chapter considers certain questions of
legal interpretation, mainly in the construction of money
obligations expressed in a foreign currency. This shows a working
out of the problems of contract analysis and interpretation which
are dealt with more generally in other chapters. Another chapter
discusses property law, a branch of the law which has been
influenced, historically, by the doctrine of situs, and the
recognition of status in family law and in corporation law. The
concluding chapter draws together the main results of the preceding
discussion and states from basic principles, one of which is that
there is a need "for greater unity between the conflict rules and
the general law," and for "allowing, where appropriate, the
influence of legal systems other than that of the forum." Professor
Baxter's discussion clearly shows that the complexity of current
legal theory can lead to unjust rulings in the courts, and his case
for greater simplification is argued compellingly.
General
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