Conflict of Laws. Second Edition
- Publisher:
- Irwin Law Inc.
- Publication date:
- 2016-06-21
- Authors:
-
Stephen G.A. Pitel
Nicholas S. Rafferty - ISBN:
- 9781552214374
Description:
Conflict of laws, or private international law as it is sometimes called, takes on greater importance with each passing year. Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Stephen Pitel and Nicholas Rafferty have written a highly readable and thoughtful treatise that explains and analyzes the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial. For the second edition, the chapter on jurisdiction has been rewritten in light of the Supreme Court of Canada’s decision in Club Resorts Ltd v Van Breda (2012) and the evolving jurisprudence under the Court Jurisdiction and Proceedings Transfer Act. In addition, a new chapter on matrimonial property division has been added. All chapters have been updated to reflect new decisions, legislative changes, and recent scholarship.
Index
- About the authors
- Preface
- Introduction
- Domicile and Residence
- Exclusion of Foreign Law
- Foreign Currency Obligations
- Jurisdiction In Personam
- Forum Non Conveniens
- Anti-Suit Injunctions
- Recognition and Enforcement of Foreign Judgments
- Recognition and Enforcement of Foreign Arbitral Awards
- The Choice of Law Process
- Substance and Procedure
- Pleading and Proof of Foreign Law
- Tort
- Index
- Unjust Enrichment
- Nature and Situs of Property
- Immovable Property
- Movable Property
- Succession
- Trusts
- Marriage
- Divorce
- Nullity
- Children
- Support Obligations
- Matrimonial Property
- Table of cases
- Contract
- Preliminary sections