Dicey, Morris & Collins: The Conflict of Laws, 16th ed | 2022
Dicey, Morris & Collins: The Conflict of Laws, 16th ed | 2022
|Author||Lord Collins of Mapesbury, Jonathan Harris|
|Publication Date||September 2022|
|Publisher||Sweet & Maxwell|
The definitive work on private international law is Dicey, Morris & Collins on the Conflict of Laws, which is well-known around the world. It outlines the regulations, precepts, and use that dictate how English and Welsh law interacts with other legal frameworks. For professionals working on cross-border issues, its commentary, Rules, and illustrations with thorough references to international conventions, legislation, and case law ensure that it will always be an essential tool.
It is divided into two volumes and a companion volume, and it includes excellent and thorough analysis. Volume 1 covers overarching concepts, the effects of the United Kingdom's withdrawal from the European Union, international affairs and the application of conflict of laws, as well as procedural concerns pertaining to international litigation, jurisdiction, the recognition and enforcement of foreign judgments, and arbitration. Book 2 covers a number of specialized legal topics. It addresses corporate and insolvency law, family law, property law, succession and trusts, and the law of obligations. The transitional concerns brought on by the United Kingdom's exit from the European Union and the pertinent EU legislation are examined in greater detail in A Companion Book in a number of significant areas.
Important characteristics of Dicey, Morris & Collins: The Conflict of Laws, 16th ed:
- outlines the regulations, beliefs, and customs that govern how the law of England and Wales compares to other legal systems.
- Volume 1 covers general principles, the effects of the United Kingdom's withdrawal from the European Union, international arbitration, foreign affairs law, safeguards, and international judicial cooperation. It also covers the jurisdiction of English courts, the recognition and enforcement of foreign judgments, and protective measures.
- Volume 2 discusses contracts, torts, unjust enrichment and equitable claims, family law, property law, succession and trusts, corporations and bankruptcy, and liabilities incurred in foreign currencies.
- includes a brand-new Part with in-depth study of foreign policy and the law of conflicts, as well as extended coverage of significant advancements in this field.
- Has a thorough discussion of the 2005 Hague Convention on Choice of Court Agreements.
- Important changes relating to same-sex weddings, civil partnerships, and surrogacy are covered by family law.
- In areas where those transitional issues will continue to be important for the foreseeable future, such as on lis pendens, recognition and enforcement of foreign judgments, family law, and insolvency, a Companion Volume explains in detail the transitional provisions relating to the United Kingdom's withdrawal from the European Union and the relevant EU legislation.
New content added to the 16th edition:
Since the release of the 15th edition in 2012, the new version has addressed all significant advancements in international agreements, legislation, and case law. It contains the following noteworthy developments:
- comprehensive study of the impacts of the UK's exit from the European Union.
- covering in depth the 2005 Hague Convention on Choice of Court Agreements.
- The Private International Law (Implementation of Agreements) Act 2020, significant revisions to the Civil Jurisdiction and Judgments Act 1982, and a number of important statutory instruments are also examined in the analysis of domestic law.
- A new Part that provides in-depth examination of foreign policy and the law of conflicts, with extended discussion of significant advancements in this field.
- discusses significant advancements in family law, such as those relating to same-sex unions, civil partnerships, and surrogacy.
- In-depth study of the numerous rulings from the Supreme Court, Privy Council, Court of Appeal, High Court, as well as from other jurisdictions in the United Kingdom, Commonwealth, and elsewhere.
Companion to the Sixteenth Edition:
The Companion Book goes into great detail to describe how the United Kingdom's exit from the European Union has affected things. It examines domestic legislation on transitional concerns as well as the pertinent transitional clause in the Withdrawal Agreement reached between the United Kingdom and the European Union. In areas that are anticipated to be significant for the foreseeable future, such as lis pendens and the recognition and enforcement of decisions from EU Member States, it analyzes pertinent EU law. It takes into account the pertinent family laws found in the Maintenance and Brussels IIa Regulations. The relevant sections of the revised Insolvency Regulation are covered in great detail in the companion volume as well.
Table of Contents of Dicey, Morris & Collins: The Conflict of Laws, 16th ed:
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
Part 4: Family Law
17. Marriage and civil partnerships
18. The effect of marriage and civil partnerships on property
19. Matrimonial causes
21. Legitimacy, legitimation and adoption
22. Mental incapacity
Part 5: Law of Property
23. Nature and situs of property
25. Particular transfers of movables
26. Intellectual property
27. Administration of estates
Part 6: Corporations and Insolvency
30. Corporations and corporate insolvency
Part 7: Law of Obligations
32. Contracts: General rules
33. Particular contracts
34. Non-Contractual Obligations: Common Issues
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