Marriage & Matrimonial Causes in Private International Law: Issues in Common Law Countries

2011 ◽  
Author(s):  
Nishant Chaturvedi ◽  
Sugandha Nayak
Keyword(s):  
International Law ◽  
Common Law ◽  
Private International Law

Part 2 National and Regional Reports, Part 2.3 Australasia: Coordinated by Brooke Marshall, 42 New Zealand: New Zealand Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Hook Maria
Keyword(s):  
New Zealand ◽  
International Law ◽  
General Position ◽  
Common Law ◽  
Case Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Legislative Reform ◽  
The Hague ◽  
The Law

This chapter examines the choice of law rules that determine the law applicable to international contracts in New Zealand, comparing them to the Hague Principles. Private international law in New Zealand is still largely a common law subject, and the choice of law rules on international commercial contracts are no exception. The general position, which has been inherited from English common law, is that parties may choose the law applicable to their contract, and that the law with the closest and most real connection applies in the absence of choice. There are currently no plans in New Zealand for legislative reform, so the task of interpreting and developing the choice of law rules continues to fall to the courts. When performing this task, New Zealand courts have traditionally turned to English case law for assistance. But they may be willing, in future, to widen their scope of inquiry, given that the English rules have long since been Europeanized. It is conceivable, in this context, that the Hague Principles may be treated as a source of persuasive authority, provided they are consistent with the general principles or policies underlying the New Zealand rules.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 35 Singapore: Singaporean Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Yeo Tiong Min
Keyword(s):  
New York ◽  
International Law ◽  
Common Law ◽  
Private International Law ◽  
Party Autonomy ◽  
Important Principle ◽  
Settlement Agreements ◽  
The Hague ◽  
Model Law ◽  
New York Convention

This chapter describes Singaporean perspectives on the Hague Principles. Party autonomy is recognized as a very important principle in the private international law of Singapore. The primacy given to the role of party autonomy is evidenced by the adoption of the New York Convention and UNCITRAL Model Law for international arbitration, the adoption of the Convention on Choice of Court Agreements for international litigation, and the palpable support of the UNCITRAL Convention on International Settlement Agreements Resulting from Mediation. Most of private international law in Singapore is sourced in judge-made law. In the absence of direct Singapore authority, Singapore courts have traditionally looked to English case law for guidance, but increasingly, the courts have looked to the laws of other jurisdictions, and indeed international instruments which do not have binding force in Singapore law. Given the level of sophistication of existing common law contract choice of law rules, it is unlikely that Singapore will engage in radical law reform. However, it is likely that the Singapore courts will continue to look to the Hague Principles for guidance in areas where the common law is unclear or where there is a gap or strong imperative for change.

RE FLIGHTLEASE: THE ‘REAL AND SUBSTANTIAL CONNECTION’ TEST FOR RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS FAILS TO TAKE FLIGHT IN IRELAND

2014 ◽  
Vol 63 (1) ◽  
pp. 197-212 ◽  
Author(s):  
David Kenny
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Common Law ◽  
Private International Law ◽  
The Real ◽  
Recognition And Enforcement ◽  
The Common

AbstractThe common law rules for recognition and enforcement of foreign judgments were radically reformulated by the Canadian Supreme Court in Beals v Saldanha. Few other common law jurisdictions have considered whether or not to follow Canada in this development in private International Law. In 2012, the Irish Supreme Court definitively rejected the Canadian approach. This note examines the judgment in that case, and assesses the reasoning of the Irish Court.

Ascertaining the Statutory Lex Loci Delicti: Certain Difficulties Under the Private International Law (Miscellaneous Provisions) Act 1995

1998 ◽  
Vol 47 (1) ◽  
pp. 205-211 ◽  
Author(s):  
Barry J. Rodger
Keyword(s):  
International Law ◽  
Common Law ◽  
General Concept ◽  
Primary Role ◽  
Private International Law ◽  
Primary Rule ◽  
The Face ◽  
Degree Of Certainty ◽  
Major Reform ◽  
The Common

The Private International Law (Miscellaneous Provisions) Act 1995 introduced major reform to the common law choice of rule in delict/tort under Scots/English law respectively. To all intents and purposes, and in the face of sustained and strong criticism, the Act abandoned the common law rules based on double actionability with exceptions. The primary rule under the statute would appear to state that the applicable law is to be based on the general concept of the lex loci delicti. It is of some significance for the analysis here that the statute does not in fact utilise that Latin expression as it is indeed unclear that the expression has any technical meaning. Indeed, the provisions of the Act seek, but in the end fail, to achieve a greater degree of certainty than that rather nebulous though “right-minded” concept. Significantly, a principal objective of the reforms was to ensure that the lex fori no longer played a primary role in choice of law for delictual/tortious claims in private international law. Of course, doubts remain as to the likelihood of direct resort to the lex fori via potential escape devices provided for in the Act The two most likely stages for this arise during characterisation and later when the lex fori may be applied qua public policy.

scholarly journals CONTRACTUAL CAPACITY AND THE CONFLICT OF LAWS IN COMMON-LAW JURISDICTIONS (PART 1): THE UNITED KINGDOM

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Eesa A Fredericks
Keyword(s):  
United Kingdom ◽  
International Law ◽  
South African ◽  
Common Law ◽  
The United States ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Legal Position ◽  
The Common

This series of two articles provides a comparative overview of the position in the common-law conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, is investigated in part I. Although Scotland is a mixed civil/common-law jurisdiction, the situation in that part of the United Kingdom is also discussed.Part II will deal with the rules and principles of private international law in respect of contractual capacity in Australasia (Australia and New Zealand), North America (the common-law provinces of Canada and the United States of America), Asia (India, Malaysia and Singapore) and Africa (Ghana and Nigeria). Part II also contains a comprehensive summary of the legal position in the common-law countries, followed by ideas for the reform of South African private international law in this regard.

Part V Financial Wrongdoing and Private International Law, 14 Money Had and Received

2017 ◽  
Author(s):  
Douglas Zachary ◽  
Bodnar Andrew
Keyword(s):  
International Law ◽  
Common Law ◽  
Strict Liability ◽  
Banking System ◽  
Private International Law ◽  
International Banking ◽  
Unjust Enrichment ◽  
The Common ◽  
Financial Wrongdoing

This chapter starts by giving an overview of the topic of money had, and money received. The common law action for money had and received requires the claimant to establish that, firstly, he originally had legal title to the money; secondly, the defendant received it and; thirdly, such receipt was unjust due to a vitiating factor. It is a claim based upon the unjust enrichment of the defendant at the claimant’s expense. The claim is one of strict liability and hence does not depend upon the fault of the defendant recipient. Actions for money had and received at Common Law are founded on the principles of following and Common Law tracing, which require the property itself to be capable of being followed or traced. However, once money is transferred through the banking system, particularly the international banking system, it very often becomes impossible to identify the particular funds which were originally received.

Part V Family Law, 25 Children

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Union Member ◽  
Common Law ◽  
Hague Convention ◽  
European Union Member State ◽  
Private International Law ◽  
Parental Responsibility ◽  
Council Of Europe ◽  
Child Abduction ◽  
Recognition And Enforcement

This chapter examines private international law rules that govern orders concerning children, including orders determining with whom a child shall live or with whom he may have contact. It first considers the rules governing the jurisdiction of the English courts as regards parental responsibility matters, the choice of law rules applied, and the different provisions for the recognition and enforcement of parental responsibility and related orders made elsewhere. In particular, it discusses orders granted in another European Union Member State, except Denmark; orders granted in another Contracting State to the 1996 Hague Protection Convention; and orders granted in Scotland and Northern Ireland. It also analyses the relevant provisions of the Child Abduction and Custody Act 1985 and common law rules before concluding with an overview of other important developments including the 1996 Hague Convention and the Council of Europe Convention on Contact concerning Children.

The Conflict of Laws

2019 ◽  
Author(s):  
Adrian Briggs
Keyword(s):  
International Law ◽  
Common Law ◽  
Private International Law ◽  
European Law ◽  
Conflict Of Laws ◽  
Accurate Representation ◽  
European Legislation ◽  
The Subject ◽  
To Come ◽  
Contractual Obligations

This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect this will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations; and the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. This new edition of the text organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of English private international law required it to be seen as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing—and probably for some time to come—the consequences of Brexit are a mystery, the attempt is made to describe the various possible shapes which the subject will assume in the future.

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