Conflict of Laws. Personal Jurisdiction. Agreement to Mortgage Foreign Land

1911 ◽  
Vol 24 (3) ◽  
pp. 234
Keyword(s):  
Conflict Of Laws ◽  
Foreign Land ◽  
Personal Jurisdiction

THE COURT'S IN PERSONAM JURISDICTION IN CASES INVOLVING FOREIGN LAND

2014 ◽  
Vol 63 (1) ◽  
pp. 103-135
Author(s):  
Jack Wass
Keyword(s):  
English Court ◽  
Conflict Of Laws ◽  
Contractual Obligation ◽  
Foreign Land ◽  
English Law ◽  
Personal Jurisdiction ◽  
Prevailing View

AbstractThe Moçambique rule provides that an English court may not adjudicate on title to foreign immovable property. This article considers the primary exception to that rule: where the court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the court's personal jurisdiction. It addresses two questions: how should the English court decide whether to assume jurisdiction in relation to foreign land, and if the positions are reversed, should an English court recognize or enforce the order of a foreign court affecting English land? As to the first question, this article argues that the orthodox English approach is anachronistic. English law applies the lex fori exclusively to determine whether an obligation exists which the court has jurisdiction to enforce. Instead, modern conflict of laws principles demand that the court should apply the proper law of the substantive claim in determining whether a sufficient equitable or contractual obligation exists. As to the second question, this article argues that despite the prevailing view that foreign non-money judgments are not enforceable in England, foreign orders in relation to English land are in principle entitled to recognition in a subsequent action in England by the successful claimant.

scholarly journals The Conflicts Restatement and the World

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 155-160 ◽  
Author(s):  
Ralf Michaels
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
International Conflicts ◽  
Conflict Of Laws ◽  
The World ◽  
Supreme Court Decisions ◽  
Personal Jurisdiction

Some sixteen years ago, on the occasion one of many symposia on the possibility of a new Restatement on Conflict of Laws to replace the much-derided Second Restatement, Mathias Reimann suggested that a new Restatement should focus on the requirements of what he called “the international age.” Conflict of laws is increasingly international, he pointed out. This remains true today—just recall that three of the four recent U.S. Supreme Court decisions on personal jurisdiction concerned international conflicts. A new Restatement must take that into account. Reimann formulated three very sensible wishes for drafters of a new Restatement: they should consider every rule and principle they formulate with international disputes in mind; they should work comparatively; and they should include foreign advisers.

Conflict of Laws—Trespass to Foreign Land—Cognisance of Acts of Foreign Unrecognised Governments

1978 ◽  
Vol 37 (1) ◽  
pp. 48-51
Author(s):  
David Lloyd Jones
Keyword(s):  
Conflict Of Laws ◽  
Foreign Land

Conflict of Laws. Equity. Partition of Foreign Land

1927 ◽  
Vol 41 (2) ◽  
pp. 251
Keyword(s):  
Conflict Of Laws ◽  
Foreign Land
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