Description du livre
The Conflict of Laws provides an introduction and analysis of the rules of private international law as they apply in England, describing the topic's three distinct branches comprising the conflict of jurisdictions, the conflict of judgments, and the conflict of laws. The volume covers a broad range of topics, from examining different jurisdictions, the law applicable to contractual and non-contractual obligations, to the impact of foreign judgements and more.
Following a significant period of uncertainty as depicted in the previous edition, this new fifth edition represents the subject as it has settled in the aftermath of the post-Brexit upheaval. It seeks to illustrate how the retained (or assimilated) EU law has been integrated into the overall structure of private international law as it evolved in common law, and to assess the extent to which the nature of the subject has been altered or otherwise affected by the Brexit changes.
The areas in which reform or other development may be needed are identified. However, the theme throughout is that the theoretical underpinnings of the subject are strong, if not always appreciated, are rational and robust. It is designed to explain why the detailed rules which make up a subject - which may appear at first sight to be complex - are sensible and coherent.