The Foundation of Choice of Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Foundation of Choice of Law PDF full book. Access full book title The Foundation of Choice of Law by Sagi Peari. Download full books in PDF and EPUB format.
Author: Sagi Peari
Publisher: Oxford University Press
ISBN: 019062230X
Category : Law
Languages : en
Pages : 345
Get Book
Book Description
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Author: Sagi Peari
Publisher: Oxford University Press
ISBN: 019062230X
Category : Law
Languages : en
Pages : 345
Get Book
Book Description
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Author: Friedrich K. Juenger
Publisher: Brill Nijhoff
ISBN: 9781571053305
Category : Conflict of laws
Languages : en
Pages : 0
Get Book
Book Description
Contains "the original text with a set of comments by experts in the field."
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595
Get Book
Book Description
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author: Peter Hay
Publisher:
ISBN: 9781634593083
Category : Conflict of laws
Languages : en
Pages : 0
Get Book
Book Description
•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Author: Symeon Symeonides
Publisher: BRILL
ISBN: 9004435883
Category : Law
Languages : en
Pages : 1920
Get Book
Book Description
This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts decisions in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation in the last twenty years and distills the resulting lessons for attorneys, academics, and lawmakers.
Author: New York University. School of Law
Publisher:
ISBN: 0198764057
Category : Law
Languages : en
Pages : 738
Get Book
Book Description
The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.
Author: Sagi Peari
Publisher: Oxford University Press
ISBN: 0190622318
Category : Law
Languages : en
Pages : 304
Get Book
Book Description
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Author: Peter Hay
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1116
Get Book
Book Description
Domicile; Litigational Matters; Jurisdiction to Adjudicate; Recognition and Enforcement of Foreign Judgments and Decrees; Domestic Relations; Creation Status and its Consequences; Dissolution of Marriage and Its Consequences; Choice of Law: Basic Considerations; Pervasive Problems; Approaches to Choice of Law: Theory; Particular Choice-of-Law Problems; Choice of Law by Subject Matter; Constitutional Limitations on State Choice of Law; State Law in Federal Court; Federal Common Law as the Rule of Decision.
Author: Russell J. Weintraub
Publisher: West Group Publishing
ISBN:
Category : Conflict of laws
Languages : en
Pages : 718
Get Book
Book Description
Domicile; Intention and Capacity; Pervasive Problems; Substance and Procedure; Jurisdiction to Adjudicate; Due Process Limits on Jurisdiction; Consent; Ownership and Use of Property'; In Rem and Quasi In Rem Jurisdiction Defined; Forum Non Conveniens; Marriage, Divorce and Custody; Torts; Contracts; Property; Construction of the Will; Constitutional Limitations of Choice of Law; Full Faith and Credit Limitations on a State's Choice of Law; Choice of Law in Federal Courts.
Author: Pedro de Miguel Asensio
Publisher: Edward Elgar Publishing
ISBN: 178811082X
Category : Law
Languages : en
Pages : 490
Get Book
Book Description
The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.
