The Characterization of Unjust Enrichment In the Conflict of Laws

2009 ◽  
Author(s):  
Stephen G. A. Pitel
Keyword(s):  
Conflict Of Laws ◽  
Unjust Enrichment

The Conflict of Laws and Unjust Enrichment

2021 ◽  
pp. 175-198
Author(s):  
Andrew Burrows
Keyword(s):  
European Union ◽  
The European Union ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
The Past ◽  
The Law ◽  
The Relationship

This essay revisits the relationship between the conflict of laws and the law of unjust enrichment (or, more widely, the law of restitution) in light of shifts in the legal landscape over the past forty years. It considers the rules of jurisdiction and of choice of law applied by the English courts, accounting for the effects of the UK’s departure from the European Union.

New in Conflict of Laws Regulation of Obligations Arising from Unjust Enrichment

2015 ◽  
Vol 3 (4) ◽  
Author(s):  
Marina Shestakova
Keyword(s):  
Conflict Of Laws ◽  
Unjust Enrichment

Characterization of Multi-State Libel in Conflict of Laws

1948 ◽  
Vol 48 (6) ◽  
pp. 932
Keyword(s):  
Conflict Of Laws

scholarly journals The Principle of a Single Estate and Its Role in Delimiting the Applicable Laws

2020 ◽  
pp. 107-123
Author(s):  
Krzysztof Pacuła
Keyword(s):  
Member State ◽  
The Other ◽  
Member States ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Other Hand ◽  
Key Concepts ◽  
The One ◽  
Gray Areas

This paper argues that the principle of unity of succession is one of the key concepts of the Succession Regulation. By operation of this principle on the jurisdictional level, the Regulation tends to favor a perspective of a single Member State when it comes to all issues related to succession. The principle of unity of succession does not of course eliminate the need to proceed to the characterization and to delimitate the scopes of conflict of laws rules at stake. However, this principle — aiming to promote a unitary vision of a single estate in all the Member States bound by the Regulation — sets a tone for some interpretative techniques that tend to favor succession-related characterization of the issues having some importance in the context of succession with cross-border implications. According to the Author, effet utile-driven characterization, on the one hand, and succession-friendly characterization of the issues falling within ‘gray areas’ created by the operation of Article 1(2) of the Succession Regulation, on the other hand, are among them.

scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2011 ◽  
Vol 49 (2) ◽  
pp. 427
Author(s):  
Colin Feasby ◽  
Simon Baines ◽  
Daina Kvisle
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of: Aboriginal law, administrative law, conflict of laws, contracts, environmental law, freehold leases, rights of first refusal, surface rights, unjust enrichment, and taxation.

Part VI Conflict of Laws, 22 Conflict of Laws

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Narrow Sense ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Personal Property ◽  
Extended Sense ◽  
Cross Border ◽  
Secured Transactions ◽  
Substantive Law ◽  
International Conventions

This chapter details how, in respect of security in the narrow sense, as well as in the more extended sense that includes title-based financing, the law of secured transactions raises issues that may be either contractual or proprietary in nature. It deals with cross-border issues in two main areas: first, the choice of law rules for contract and personal property; and second, uniform substantive law pertaining to contract and personal property and located in international conventions. The chapter also shows how the characterization of an issue arising out of a transaction as contractual or proprietary in nature, for the purpose of selecting the appropriate choice of law rule, is not an easy matter.

Consecutive Stages of Conflict of Laws

2019 ◽  
pp. 22-39
Author(s):  
V.C. Govindaraj
Keyword(s):  
Conflict Resolution ◽  
Rule Of Law ◽  
Conflict Of Laws ◽  
Resolution Process ◽  
Recognition And Enforcement ◽  
The Law ◽  
Municipal Court

Conflict of laws comes into operation if, and only if, an issue or issues in a dispute presented before a municipal court for adjudication contain(s) a foreign element. Then, in that case, the adjudicating court chooses the appropriate rule of law that is directly relatable to the issue or issues to be resolved. This chapter discusses the four distinct stages in the conflict resolution process: (i) determination by the adjudicating court of its jurisdictional competence; (ii) classification or characterization of the cause of action with a view to determining the legal category to which the disputed issue; (iii) identification by the court of the lex causae (that is, the law that governs the cause of action) based on which judgment is rendered; and (iv) recognition and enforcement of the judgment by the concerned court, if that be warranted, for its due execution.

Morphological Characterization of Mycobacteriophage R1

1974 ◽  
Vol 32 ◽  
pp. 254-255
Author(s):  
B. L. Soloff ◽  
T. A. Rado
Keyword(s):  
Carbon Source ◽  
Stationary Phase ◽  
Growth Phase ◽  
Minimal Medium ◽  
Morphological Characterization ◽  
Logarithmic Growth Phase ◽  
Complete Lysis ◽  
Lysogenic Culture ◽  
Logarithmic Growth

Mycobacteriophage R1 was originally isolated from a lysogenic culture of M. butyricum. The virus was propagated on a leucine-requiring derivative of M. smegmatis, 607 leu−, isolated by nitrosoguanidine mutagenesis of typestrain ATCC 607. Growth was accomplished in a minimal medium containing glycerol and glucose as carbon source and enriched by the addition of 80 μg/ ml L-leucine. Bacteria in early logarithmic growth phase were infected with virus at a multiplicity of 5, and incubated with aeration for 8 hours. The partially lysed suspension was diluted 1:10 in growth medium and incubated for a further 8 hours. This permitted stationary phase cells to re-enter logarithmic growth and resulted in complete lysis of the culture.

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