Conflict of Laws. Equity. Partition of Foreign Land

1927 ◽  
Vol 41 (2) ◽  
pp. 251



2014 ◽  
Vol 63 (1) ◽  
pp. 103-135
Author(s):  
Jack Wass

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.



2018 ◽  
Author(s):  
Emmanuel Maganaris
Keyword(s):  


2000 ◽  
Vol 33 (2) ◽  
pp. 20-26
Author(s):  
Michael Daxner

These days, the old Europe is moving towards its final curtain call. The war in the Balkans is a spectre which repeats and concludes all that happened in the last century; and a ghostly farce unrolls before us. Concepts like war and peace, the rights of nations, humanity and human rights are the conceptual covers of a happening now ripening into fateful maturity. Its primary causes were a tactical holding back, a lack of knowledge of the real circumstances, secret and openly expressed prejudices, and a shabby mentality of 'not getting involved'. As a result of this, all structures are being destroyed.







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