By Chuah, Jason Chuah, Alina Kaczorowska
Clash of legislation is a topic of growing to be importance,especially within the gentle of advancements within the ecu Union. This ebook covers the most themes in the topic: common ideas and ideas taken with clash of legislation; home of people and firms; jurisdiction; number of legislation in agreement, tort, relations relationships and estate concerns; and popularity and enforcement of international decisions and arbitral awards. very important rules and thoroughly chosen situations in those parts are highlighted and defined. the purpose of this e-book is to help scholars of their revision of the topic through allowing them to realize event in answering exam questions. The undergraduate scholar studying clash of legislation may still locate this e-book fairly priceless while getting ready for examinations, while postgraduates should still locate its references and discussions priceless of extra exam and exploration.
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Additional info for Conflict of Laws (Question & Answers)
It was held unanimously that the principle in Lynch was correct. While only Lord Tucker relied squarely on that case to refuse the Greek bank’s defence, it was quite obvious that, in the formulation of the conflict question, the House found that the Greek law was not the lex causae and should therefore be of no relevance. This is not to suggest, however, that there is complete consistency in the application of the rule in Lynch. The House of Lords in Starkowski v AG (1954) had to decide whether the law of the place where a marriage was celebrated, as it stood at the time of the marriage or as it stood when the problem of validity arose, should be applied.
She sold the plot of land after marrying and gave her husband the proceeds of the sale. She later claimed under Scots law that the proceeds were rightfully hers. The House of Lords held that, as the land was situated in England, English law should apply. As a result, her claim failed. In a contrasting case, Re de Nicols (No 2) (1900), a man and his wife had married in France. They moved to England and bought property here. The question was whether this piece of property was subject to French law on common or community of property.
The time factor is one which private international law rules cannot afford to disregard indefinitely, although the courts have approached the matter on a piecemeal basis in many situations. 8 GENERAL INTRODUCTORY ISSUES IN PRIVATE INTERNATIONAL LAW The student may expect questions in this area to deal with any of the following three situations: • • • changes in the forum’s private international law rules; changes in the connecting factor in a rule of conflict of laws; changes in the lex causae.