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In a globalizing world people are increasingly moving across national frontiers and are also engaging in inter-territorial legal transactions. However, each state has its own system of laws that may be in conflict with laws of other states. The question, therefore, is which laws should be applied in disputes relating to cases such as inter-territorial contracts, torts, marriages, and property rights issues. Such disputes can also be inter-personal, and within a territory, in cases where a marriage is contracted between people of different faiths. These and similar complex questions are discussed in the rapidly emerging field of conflict of laws.
This book is a detailed and case-oriented study of these issues. It shows how courts in conflict cases take notice of foreign laws, and if need be, give effect to them to render justice. Conflict of laws is subject to the constitution and the statutes of a country, besides obligations arising out of treaties to which a country is a party. It still is, however, largely judge-made, and dependent on the process of judicial interpretation, which takes into account a host of factors.
Providing a contemporary perspective, the book analyses all three main areas of the subject—law of obligations, law of persons, and law of property. It thoroughly discusses critical issues such as domicile, foreign arbitral awards, law of procedure, and also the role played by international conventions.
ISBN - 9780198069522
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