Dicey, Morris & Collins The Conflict of Laws with 1st Supplement, 16th Ed | 2023

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Dicey, Morris & Collins The Conflict of Laws with 1st Supplement, 16th Ed  | 2023

Author Lord Collins of Mapesbury, Jonathan Harris
Publication Date Nov 2023
ISBN 9780414118492
Format
Hard Cover (3 Vols) with 1st Supplement & Companion Volume
Publisher Sweet & Maxwell

"Dicey, Morris & Collins on The Conflict of Laws" is globally recognized as the leading authority on private international law. It elucidates the rules, principles, and practices that define how the law of England and Wales interacts with other legal systems. Its comprehensive commentary, rules, and illustrations, supplemented by references to international conventions, legislation, and case law, make it an indispensable resource for practitioners dealing with cross-border issues.

Structure and Content of Dicey, Morris & Collins The Conflict of Laws with 1st Supplement, 16th Ed | 2023:

- Two Main Volumes and a Companion Volume:
  - Volume 1: Covers general principles, the impact of the UK's withdrawal from the EU, foreign affairs, procedural issues in international litigation, jurisdiction, recognition and enforcement of foreign judgments, and arbitration.
  - Volume 2: Focuses on specific areas of law, including family law, property law, succession and trusts, corporations and insolvency, and the law of obligations.
  - Companion Volume: Offers a detailed examination of transitional issues following the UK's withdrawal from the EU and relevant EU legislation in key areas.

First Supplement to the 16th Edition:

- Publication Date: November 2023.
- Purpose: Updates the 16th edition, incorporating developments since its publication in September 2022.

Key Updates in the First Supplement:

- Service Out of Jurisdiction: Commentary on the revised grounds effective from October 1, 2022.
- Jurisdiction and Enforcement: Includes numerous new High Court and appellate cases.
- Arbitration Agreements: Analysis of recent authorities on enforcement.
- Foreign Affairs and Conflict of Laws: New authorities and their implications.
- Cross-Border Family Law: Important new decisions.
- Choice of Law Rules: Interpretation of rules for contractual, non-contractual obligations, and property.
- Transitional Issues Post-Brexit: Case law consideration related to the UK's EU withdrawal.

This detailed analysis across its volumes and the supplement ensures the work remains an essential tool for legal practitioners involved in international legal matters.

Contents of Dicey, Morris & Collins The Conflict of Laws with 1st Supplement, 16th Ed | 2023:

VOLUME ONE

Part 1: Preliminary Matters
1. Nature, scope and development of the conflict of laws. European law and the United Kingdom’s withdrawal from the European Union
2. Characterisation, the incidental question, the time factor and renvoi
3. Proof of foreign law
4. Substance and procedure
5. Public Policy
6. Domicile and habitual residence

Part 2: Foreign Affairs and the Conflict of Laws
7. Foreign relations law and the conflict of laws
8. Non-enforcement of foreign penal, revenue or public law. The act of state doctrine. Governmental acts affecting property
9. Jurisdictional Immunities

Part 3: International Litigation
10. Protective measures and international judicial cooperation
11. Jurisdiction in claims in personam
12. Forum non conveniens, lis alibi pendens, jurisdiction agreements and anti-suit injunctions
13. Jurisdiction in admiralty claims in rem
14. Foreign judgments
15. Jurisdiction and enforcement of judgments under multilateral conventions
16. Arbitration and foreign awards

VOLUME TWO

Part 4: Family Law
17. Marriage and civil partnerships
18. The effect of marriage and civil partnerships on property
19. Matrimonial causes
20. Children
21. Legitimacy, legitimation and adoption
22. Mental incapacity

Part 5: Law of Property
23. Nature and situs of property
24. Immovables
25. Particular transfers of movables
26. Intellectual property
27. Administration of estates
28. Succession
29. Trusts

Part 6: Corporations and Insolvency
30. Corporations and corporate insolvency
31. Bankruptcy

Part 7: Law of Obligations
32. Contracts: General rules
33. Particular contracts
34. Non-Contractual Obligations: Common Issues
35. Torts/Delict
36. Unjust enrichment, equitable claims and negotiorum gestio
37. Foreign currency obligations

Companion Volume to the 16th Edition:
Introduction to the companion volume on EU withdrawal transition issues
Chapter 12 Companion Volume – Lis pendens and related actions in European Union member states and Lugano contracting states under the transitional arrangements
Chapter 14 Companion Volume – Recognition and enforcement of judgments from European Union member states and Lugano contracting states under the transitional arrangements
Chapter 19 Companion Volume – Matrimonial causes under the transitional arrangements
Chapter 20 Companion Volume – Children under the transitional arrangements
Chapter 30 Companion Volume – Corporate Insolvency under the transitional arrangements
Chapter 31 Companion Volume – Bankruptcy under the transitional arrangements

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