In this edition, the chapters on tort, jurisdiction, and staying of actions have been almost entirely rewritten. The chapter on the Brussels and Lugano Conventions has been recast and expanded. The growing influence of European Union law on private international law is evident in this new edition
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I. Introduction -- § 1. Basis and Function of Private International Law. Terminology -- § 2. The History of Private International Law in Sweden -- § 3. Sources of Swedish Private International Law -- II. The Material -- § 4. General Observations on the Nature of the Material -- § 5. External Substantive Rules -- § 6. The Choice of Law Rules -- § 7. Foreign Law -- III. How the Material is used -- § 8. General Remarks. The Stages of an International Action -- § 9. The Choice of Law -- § 10. The Applicable Law (lex causae) 186 Enquiry into the Rules of the lex causae -- § 11. Refusal to Apply the lex causae -- § 12. The Decision -- IV. The Swedish Conflict Rules — A Résumé -- § 13. The Personal Law -- § 14. Family Law. Inheritance -- § 15. Property Law -- V. Conflict Avoidance -- § 16. An Excursus -- Table of Swedish Cases.
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Under our federal system of government two sets of laws operate within the country, the laws of the constituent states and the laws of the central government. For lawyers there is the ever present question, which of them applies to a case: the law of a state, to be interpreted finally by the courts of the state; or national law--federal law, as it is usually called--of which the Supreme Court of the United States is the final arbiter? Interstate and international matters, with which conflict of laws deals, involve national as well as state interests. In the United States it was perceived early that they should not be left to the uncontrolled discretion of the several states, and even the loose Articles of Confederation had a rudimentary full faith and credit clause. It was a major purpose of the Constitution of the United States to give to the nation increased control over these matters. One of the shortcomings under the Articles of Confederation was that the nation lacked power to enforce its laws directly on the individual citizens, and was under the necessity of appealing to the states to take the desired action. A second shortcoming was that the states could and did discriminate against one another, particularly in trade and commerce. A third was the inadequacy of legal protection accorded the individual against government. These weaknesses were all dealt with by the Constitution either at once or shortly.
The most important development in conflict of laws for many years is the enactment of the conflict of laws provisions of the Uniform Commercial Code.' In adopting these provisions the General Assembly did much more than to fix the law for the specific matters covered, important though these are. The General Assembly rejected one widely urged method of choice of law, and it prescribed a wholly different one. It rejected the old vested rights theory which calls for the use of the law of the place of the last element of a transaction to govern the case, as, the place of acceptance of an offer to govern the validity of a contract and the place of injury to govern a tort. The Code pushes aside these technical connections. In their place it employs business connections to identify the state whose law is to be used, that is, the place of a thing, the business headquarters of a person, the state on which the parties agree, and when other connections fail of application then "an appropriate relation."
Title Page -- SUMMARY TABLE OF CONTENTS -- DETAILED TABLE OF CONTENTS -- PREFACE -- Chapter 1: INTRODUCTION -- A. Introduction -- B. Terminology -- C. The Three Central Questions -- D. Types of Disputes -- E. Sources of Rules and Key Resources -- Further Readings -- Chapter 2: DOMICILE AND RESIDENCE -- A. Introduction -- B. Domicile -- 1) Domicile of Origin -- 2) Domicile of Choice -- a) Intention -- b) Residence -- c) Loss of Domicile of Choice -- 3) Domicile of Dependency -- a) Minors -- b) Married Women -- c) The Mentally Incapable -- 4) Choice of Law -- C. Residence -- 1) Citizenship Cases -- 2) Ordinary Residence -- 3) Habitual Residence -- 4) Future Directions -- D. Corporations -- Further Readings -- Chapter 3: EXCLUSION OF FOREIGN LAW -- A. Introduction -- B. Public Policy -- C. Penal Law -- D. Revenue Law -- E. Other Public Law -- F. Blocking Statutes -- Further Readings -- Chapter 4: FOREIGN CURRENCY OBLIGATIONS -- A. Introduction -- B. Currency of Judgment -- C. Currency of Loss -- Further Readings -- Chapter 5: JURISDICTION IN PERSONAM -- A. Introduction -- 1) Constitutional Considerations -- 2) Existence and Exercise of Jurisdiction -- 3) Statutory Reform -- 4) Organization of the Topic -- B. Presence-Based Jurisdiction -- 1) Corporations -- 2) Partnerships -- C. Consent-Based Jurisdiction -- D. Assumed Jurisdiction -- 1) The Morguard Principle -- 2) Application of the Morguard Principle -- a) Muscutt: Eight Factors -- b) The CJPTA: Some Presumptions -- c) Club Resorts: Presumptive Connecting Factors -- 3) Presumptive Connecting Factors -- a) Property -- i) Property in the Jurisdiction -- ii) Trusts and Administration of Estates -- b) Contracts -- c) Restitutionary Obligations Arising in the Jurisdiction -- d) Torts Committed in the Jurisdiction -- i) Contract Connected with the Tort Made in the Jurisdiction -- e) Injunctions
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