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Setalvad's Conflict of Laws


ISBN13: 9789351432234
Published: February 2014
Publisher: LexisNexis India
Country of Publication: India
Format: Paperback
Price: £39.00



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Conflict of Laws is a field of law which is not widely known to the ordinary law practitioner. It has to be considered only if a particular litigation has a foreign element as, for example, when the contract in issue was entered into in another country or was to be performed in another country.

This is only one example, and there are numerous other situations where the principles of conflict of laws may have to be applied- if parties were married abroad; if the deceased was domiciled abroad; if the company was incorporated abroad, etc. Resort to the rules of conflict of laws may be necessary in the most diverse situations.

This branch of law is likely to be of growing importance in India as there is increasing international trade, more cross-border investment and, as increasingly, more Indians live and settle outside India.

Subjects:
Other Jurisdictions , India
Contents:
Preface to the Third Edition
Preface to the Second Edition
Preface to the First Edition
Table of Cases
Nature and Scope of Conflict of Laws
Meaning of Conflict of Laws
Basis of Conflict of Laws
Name of the Subject
Issues that Arise in the Conflict of Laws
Need for Rules of Conflict of Laws
Sources of Rules of Conflict of Laws
Commonly Used Phrases and Words
. Characterisation, the Incidental Question, and the Time Factor
Meaning of Characterisation
Process of Characterisation
Position in English Law
Exceptional English Cases
The Normal English Rule
Characterisation of Issue
A More Recent English Approach
Position in Some Common Law Countries
Suggested Approach To Characterisation
The Incidental Question
The Time Factor: Retrospective Alteration of Laws
Alteration in the Rules of Conflict of Laws
Relevant Time When Applying the Connecting Factor
Changes in the Lex Causae: General
Changes in the Lex Causae: Suggested Solution
Renvoi
The Problem
Possible Solutions
Position in England
Position in Some Common Law Countries
Position in European Union
Renvoi: Suggested Solution