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CONFLICT OF LAWS 3rd Edition
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CONFLICT OF LAWS 3rd Edition

by ATUL M SETALVAD
Edition: 3rd Edition, 2014
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GOOD TOGETHER:

CONFLICT OF LAWS 3rd Edition
Civil Procedure with Limitation Act, 1963
R.V. Kelkar's Lectures on  Criminal Procedure
Together Rs. 993
You save Rs. 252

Product Details:

Format: Soft Cover
Publisher: Lexis Nexis
Language: English
ISBN: 9789351432234
Dimensions: 24.2 CM X 0.79 CM X 16 CM
Date Added: 0000-00-00
Search Category: Lawbooks
Jurisdiction: Indian

Overview:


Conflict of Laws is a field of law which is not widely known to the ordinary law practitioner. It has to be considered only if a particular litigation has a foreign element as, for example, when the contract in issue was entered into in another country or was to be performed in another country. This is only one example, and there are numerous other situations where the principles of conflict of laws may have to be applied- if parties were married abroad; if the deceased was domiciled abroad; if the company was incorporated abroad, etc. Resort to the rules of conflict of laws may be necessary in the most diverse situations. This branch of law is likely to be of growing importance in India as there is increasing international trade, more cross-border investment and, as increasingly, more Indians live and settle outside India.

Preface to the Third Edition v Preface to the Second Edition viiPreface to the First Edition viiiTable of Cases xixChapter No. Page No.1. Nature and Scope of Conflict of Laws 1Meaning of Conflict of Laws 1Basis of Conflict of Laws 3Name of the Subject 5Issues that Arise in the Conflict of Laws 6Need for Rules of Conflict of Laws 7Sources of Rules of Conflict of Laws 9Commonly Used Phrases and Words 112. Characterisation, the Incidental Question, and the Time Factor 13Meaning of Characterisation 13Process of Characterisation 15Position in English Law 16Exceptional English Cases 16The Normal English Rule 17Characterisation of Issue 20A More Recent English Approach 21Position in Some Common Law Countries 21Suggested Approach To Characterisation 23The Incidental Question 24The Time Factor: Retrospective Alteration of Laws 26Alteration in the Rules of Conflict of Laws 27Relevant Time When Applying the Connecting Factor 27Changes in the Lex Causae: General 27Changes in the Lex Causae: Suggested Solution 323. Renvoi 33The Problem 33Possible Solutions 34Position in England 35Position in Some Common Law Countries 40Position in European Union 41Renvoi: Suggested Solution 42

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