Morris : The Conflict of Laws

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Description
It is forty-five years since this book first appeared; the preface to the first edition is dated April 1971. John Morris could not have foreseen the ensuing transformation of the English rules of the conflict of laws. In 1971, the rules were almost all judge-made. John Morris had few equals in his analysis of difficult case-law and, it has to be said, in his enjoyment of the extraordinary facts that cross-border and cross-cultural cases present. Statutory intervention had been very limited and the work of the Law Commission in the field of private international law lay ahead. So, a married woman had a domicile dependent on that of her husband; the rules on the recognition of foreign divorces and, especially, nullity decrees were in a chaotic state; those on choice of law in torts had just been addressed by the House of Lords in a decision that served only to produce debate and confusion. The United Kingdom was not yet a member of what was then the European Economic Community, and it was another 25 years before the European institutions acquired competence in private international law.
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Contents
Preface   
Table of Cases     
Tables of Statutes 
Table of Statutory Instruments
Table of International Conventions
Table of European Instruments
Table of Civil Procedure Rules
1.    Introduction to the Conflict of Laws      
2.    Theories and Methods
3.    Personal Connecting Factors 
4.    The Exclusion of Foreign Law   
5.    Jurisdiction in the Conflict of Laws
6.    Jurisdiction: The European Regime
7.    Jurisdiction: The Traditional English Rules  
8.    Sovereign and Diplomatic Immunity      
9.    The Conduct of International Litigation
10.  Recognition and Enforcement of Foreign Judgments              
11.  Marriage
12.  Ending Marriages
13.  Finance and Property During and After Marriage 
14.  Children
15.  Contractual Obligations 
16.  Torts and Other Non-Contractual Obligations 
17.  Property
18.  Succession and the Administration of Estates
19.  Trusts
The Governing Law
Scope of the Governing Law
Recognition of Trusts
Variation of Trusts
The European Regulations
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Author Details
David McClean, C.B.E., Q.C., D.C.L., F.B.A. Bencher of Gray's Inn Associe' de I'institu de droit international Emeritus Professor of Law, University of Sheffield
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