Overview

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.

Full Product Details

Author:   Stephen G.A. Pitel ,  Nicholas S. Rafferty
Publisher:   Irwin Law Inc
Imprint:   Irwin Law Inc
Edition:   2nd New edition
Dimensions:   Width: 15.20cm , Height: 2.50cm , Length: 22.90cm
Weight:   0.720kg
ISBN:  

9781552214367

ISBN 10:   1552214362
Pages:   277
Publication Date:   17 August 2016
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Preface Chapter 1: Introduction Chapter 2: Domicile and Residence Chapter 3: Exclusion of Foreign Law Chapter 4: Foreign Currency Obligations Chapter 5 Jurisdiction In Personam Chapter 6: Forum Non Conveniens Chapter 7: Anti-Suit Injunctions Chapter 8: Recognition and Enforcement of Foreign Judgments Chapter 9: Recognition and Enforcement of Foreign Arbitral Awards Chapter 10: The Choice of Law Process Chapter 11: Substance and Procedur Chapter 12: Pleading and Proof of Foreign Law Chapter 13: Tort Chapter 14: Contract Chapter 15: Unjust Enrichment Chapter 16: Nature and Situs of Property Chapter 17: Immovable Property Chapter 18: Movable Property Chapter 19: Succession Chapter 20: Trusts Chapter 21: Marriage Chapter 22: Divorce Chapter 23: Nullity Chapter 24: Children Chapter 25: Support Obligations Chapter 26: Matrimonial Property Table of Cases Index About the Authors

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Author Information

Nicholas S Rafferty obtained an undergraduate and a master's degree in law from the University of Cambridge and a further master's degree from the University of Illinois. He began teaching at the University of Manitoba in 1975. He is currently an Emeritus Professor of Law at the University of Calgary. He was the general editor of Private International Law in Common Law Canada: Cases, Text and Materials (3d ed, 2010) and has received several awards for teaching and scholarship.

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