Suchergebnisse

Introduction : conflicts on steroids -- The internet -- The scope of this book -- Substantive law differences -- Jurisdictional differences in general -- Jurisdictional differences in cases involving injuries to rights of personality -- Differences and similarities in choice of law -- Recognition and enforcement of foreign judgments : The Hague Convention of 2019 -- The resolution (with comments) -- The resolution (without comments) -- Résolution (traduction) -- Travaux preparatoires : excerpts from correspondence between reporters and members of the eighth commission -- Excerpts from the minutes of The Hague Session of the Institute of International Law, The Hague, August 25-31, 2019.

Historical foundations -- Substantivist carve-outs -- The "international" in Private International Law -- The "private" in Private International Law -- Unilateralist encroachments -- The material tempering of conflicts justice -- The softening of concepts and rules -- The narrowing of legal categories -- Party autonomy -- The challenge of the internet -- From idealism to pragmatism and eclecticism.

'Choice of Law' provides an in-depth sophisticated coverage of the choice-of-law part conflicts law (or private international law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law and explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do

3. Closer Connection as an Exception from Both the Lex Loci and the Parties' Common Law4. Common Party Affiliation as the Sole Exception; C. The Common Domicile Exception or Rule; 1. The Common Affiliation; 2. The Various Versions of the Common-Domicile Rule; a. Express Bilateral Rule; b. Implied Common-Domicile Rule; c. Unilateral Common-Domicile Rule; d. Summary and Comparison; D. Parties Domiciled in States with the Same Law; E. The Preexisting Relationship Exception; F. The Double Actionability Rule; G. Other Unilateral Exceptions in Favor of the Lex Fori; V. Rules of "Conduct and Safety."