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.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
