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............................................................................................................................. Description The branch of law known as the conflict of laws (sometimes known as Private International Law) is that part of the law which deals with cases having a foreign element. A "foreign element" is simply any contact with some system of law other than the domestic law. Such contact may exist, for example, because a contract was made or performed in a foreign country, or because a tort was committed there, or because property was situated there, or because the parties are from overseas jurisdictions. Morris: The Conflict of Laws therefore covers a wide variety of areas; commercial law, family law and property rights are but a few. It is a fascinating yet often complex and controversial area of the law. In the fourth edition of Morris: The Conflict of Laws the editor, Professor McClean, has maintained the high standards set by his predecessor by presenting the material in a way that is both stimulating and clear. The fourth edition covers the amendments and case law to the Civil Jurisdiction and Judgments Act 1982 and material on Foreign Judgments and Arbitration. Changes necessitated by the Family Law Act 1986 and Children Act 1989 are included in the chapters dealing with matrimonial causes and children. The Contracts (Applicable Law) Act 1990 and the Recognition of Trusts Act 1987 are covered as are the many developments in case law and Law Commission work such as that on the subject of domicile. Morris: The Conflict of Laws will be invaluable reading for students studying the subject both at university level and also for those studying for professional examinations. ............................................................................................................................. Contents 1. Nature and scope of the conflict of laws 2. Domicile 3. Proof of foreign law 4. The exclusion of foreign law 5. Sovereign and diplomatic immunity 6. Jurisdiction in actions in personam 7. Jurisdiction in actions in rem 8. Staying actions - lis alibi pendens and foreign jurisdiction clauses 9. Foreign judgments 10. Arbitration 11. Marriage 12. Matrimonial causes 13. Guardianship and the care of children 14. Legitimacy, legitimation and adoption 15. Contracts 16. Torts 17. The distinction between movables and immovables 18. Immovables 19. The transfer of tangible movables 20. The assignment of intangible movables 21. Negotiable instruments 22. Governmental seizure of property 23. Administration of estates 24. Succession 25. The effect of marriage on property 26. Trusts 27. Substance and procedure 28. Renvoi 29. Characterisation 30. The incidental question 31. The time factor 32. Theories and methods Index ............................................................................................................................. Author Details Prof. David McClean, D.C.L. of Gray's Inn, Barrister, Pro-Vice-Chancellor and Professor of Law, University of Sheffield, Chancellor of the Diocese of Sheffield .............................................................................................................................
