Treatment of Foreign Law - Dynamics towards Convergence?

Nonfiction, Reference & Language, Law, Civil Procedure, International
Cover of the book Treatment of Foreign Law - Dynamics towards Convergence? by , Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9783319565743
Publisher: Springer International Publishing Publication: July 4, 2017
Imprint: Springer Language: English
Author:
ISBN: 9783319565743
Publisher: Springer International Publishing
Publication: July 4, 2017
Imprint: Springer
Language: English

This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

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

This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

More books from Springer International Publishing

Cover of the book Movement Ecology of Neotropical Forest Mammals by
Cover of the book Concepts, Methods and Applications of Quantum Systems in Chemistry and Physics by
Cover of the book Payday Lending in Canada in a Global Context by
Cover of the book Visual Cryptography for Image Processing and Security by
Cover of the book Sustainable Logistics and Transportation by
Cover of the book Toward Robotic Socially Believable Behaving Systems - Volume I by
Cover of the book Mixed Methods and Cross Disciplinary Research by
Cover of the book Genome Editing by
Cover of the book The "Dematerialized" Insurance by
Cover of the book The Suquía River Basin (Córdoba, Argentina) by
Cover of the book Selected Regular Lectures from the 12th International Congress on Mathematical Education by
Cover of the book Multi-disciplinary Trends in Artificial Intelligence by
Cover of the book Ultra-Low-Power Short-Range Radios by
Cover of the book Christian Faith, Formation and Education by
Cover of the book Cyber-Physical Laboratories in Engineering and Science Education by
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