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Substance and Procedure in Private International Law

By Richard Garnett

Substance and Procedure in Private International Law Law

Substance and Procedure in Private International Law

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Description
When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Product details
Edition:
1
Number of Pages:
454
Release Date:
2012-05-04
Publication Date:
2012-05-01
Publisher:
Oxford University Press(UK)
Languages:
Original: English
ISBN10:
0199532796
ISBN13:
9780199532797
GPSR Manufacturer Reference:
[email protected]
Weight:
842 g
Height:
161 cm
Width:
240 cm
Thickness:
29 cm
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