Substance and Procedure in Private International Law

Nonfiction, Reference & Language, Law, Conflict of Laws, Jurisprudence
Cover of the book Substance and Procedure in Private International Law by Richard Garnett, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Richard Garnett ISBN: 9780191629365
Publisher: OUP Oxford Publication: March 8, 2012
Imprint: OUP Oxford Language: English
Author: Richard Garnett
ISBN: 9780191629365
Publisher: OUP Oxford
Publication: March 8, 2012
Imprint: OUP Oxford
Language: English

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

More books from OUP Oxford

Cover of the book God and Cosmos in Stoicism by Richard Garnett
Cover of the book A Dictionary of Occupational Science and Occupational Therapy by Richard Garnett
Cover of the book Feast by Richard Garnett
Cover of the book The Particle Odyssey by Richard Garnett
Cover of the book Oxford Handbook of Geriatric Medicine by Richard Garnett
Cover of the book French Law by Richard Garnett
Cover of the book Wildlife Conservation on Farmland Volume 2 by Richard Garnett
Cover of the book Sleep, Health, and Society by Richard Garnett
Cover of the book Jane Austen by Richard Garnett
Cover of the book From Individual to Plural Agency by Richard Garnett
Cover of the book Culloden by Richard Garnett
Cover of the book Mentalization-Based Treatment for Personality Disorders by Richard Garnett
Cover of the book The Privileges and Immunities of International Organizations in Domestic Courts by Richard Garnett
Cover of the book Oxford Guide to Effective Argument and Critical Thinking by Richard Garnett
Cover of the book National Parliaments after the Lisbon Treaty and the Euro Crisis by Richard Garnett
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy