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This Invaluable Introduction To The Study Of The Conflict Of Laws Provides A Survey And Analysis Of The Rules Of Private International Law As They Apply In England. Written To Take Account Of The Various Possible Outcomes Of The Brexit Process, It Goes As Far As Is Possible To Make Sense Of The Effect It Will Have On English Private International Law. The Volume Covers General Principles, Jurisdiction, And The Effect Of Foreign Judgments; The Law Applicable To Contractual And Non-contractual Obligations, The Private International Law Of Property, Of Adults (the Increasingly Complex Law Of Children Is Described In Bare Outline), And Of Corporations. It Does So In A Manner Which Explains And Illuminates The Principles Which Underpin The Subject In A Clear And Coherent Fashion, As The Wealth Of Literature, Case Law, And Legislation Can Often Obscure The Architecture Of The Subject And Unnecessarily Complicate Its Study. This New Edition Organizes The Existing Material In Light Of European Legislation On Private International Law, Reflecting The Way In Which An Accurate Representation Of The Topic Requires It To Be Interpreted As European Law With A Common Law Periphery, Instead Of Common Law With European Legislative Influences. As At The Time Of Writing - And Possibly For Some Time To Come - The Consequences Of Brexit Are A Mystery, But The Attempt Is Made To Describe The Various Possible Shapes Which The Subject Will Assume In The Future. The Book Adopts A Pragmatic Approach And Avoids The More Abstract Theory; As The Theory Of The Conflict Of Laws Is Actually To Be Found In And By Applying The Legislation And Jurisprudence To The Cases And Issues Which Arise In Private International Litigation And In Giving Legal Advice.
This text investigates the core principles and structural framework of private international law as applied within the English legal system. Adrian Briggs, a recognized authority in the field, utilizes a combination of legislative analysis and case law to clarify the complex interaction between common law traditions and European legislative influences. The book argues for a pragmatic interpretation of the subject, prioritizing the application of rules in litigation and legal practice over abstract theoretical constructs.
What You Will Find
Scope Limits
Legal professionals and students frequently cite this work for its ability to distill complex legislative frameworks into a coherent, accessible structure. Experts highlight the text as a reliable resource for navigating the intersection of common law and European regulatory influences in a post-Brexit environment.
Page Count:
416
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
0192583883
ISBN-13:
9780192583888
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