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Foreign Law in Civil Litigation: A Comparative and Functional Analysis


ISBN13: 9780199264766
ISBN: 0199264767
Published: January 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £275.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas.

The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.

Subjects:
Conflict of Laws
Contents:
General Introduction

PART ONE: FOREIGN LAW AT THE TRIAL LEVEL
Introduction
1. The Decision-making Process in Civil Litigation with Comparative Perspectives
2. The Introduction and Ascertainment of Foreign Law
3. Principle and Policy at the Trial Level

PART TWO: FOREIGN LAW AT THE REVIEW LEVEL
Introduction
4. Final Review: Cassation, Revision, and Appeal Compared
5. The Power to Review Foreign Law
6. Principle and Policy at the Review Level
7. Conclusion: Towards a Positive Attitude to Foreign Law

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