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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.
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.
This is the leading reference on Japanese private international law
in English. The chapters systematically cover the whole of Japanese
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. The chapters also look into
conflict of law questions arising in arbitration and assess
Japanese involvement in the global harmonisation of private
international law. In addition to summarising relevant principles
and scholarly views, the authors discuss case law whenever possible
and identify deficiencies and anticipate difficulties in the
existing law. The book thus presents the Japanese 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 the subject.
This conference volume on the German-Japanese colloquium a
oeTransformations or Erosion of Private Autonomy?a carries the
debate on the subject into the area of contract law that is central
to economic life.
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