Robert Stevens - Oxford Private International Law: Restitution in Private International Law download book DJV, PDF, FB2
9780198298434 0198298439 This book is the first unified and in-depth assessment of the issues raised in private international law by the law of restitution, and includes coverage of restitutionary choice of law issues, such as subrogation, constructive trusts and claims for contribution. The unity and importance of the law of restitution in English domestic law is being increasingly recognised by academics, practitioners, and most importantly the courts. In recent years there have been a significant number of cases dealing with unjustified enrichment in private international law, including Baring Bros v Cunninghame D.C., and Re Polly Peck International plc. The focus of the book is on difficulties which might arise in practice, and it aims to assist practitioners dealing with issues which have not previously been treated at length: for example, in the case of money laundering, giving guidance to a commercial practitioner on which laws apply to a plaintiff's attempt to follow and trace the value of hismoney through a number of jurisdictions. The primary concern of the book is English private international law, however the domestic law of unjustified enrichment in other states is discussed in order to consider the problems conflicts between domestic laws can create. The jurisdictional and choice of law rules of other systems are also analysed in comparison with English law., This work provides a unified assessment of the issues raised in private international law by the law of restitution. It offers a detailed analysis of the jurisdictional and choice of law issues arising in claims for restitution in cross-border disputes. The main focus is upon the English rules, but comparisons with the treatment of unjust enrichment in the private international law rules of other countries are also included.
9780198298434 0198298439 This book is the first unified and in-depth assessment of the issues raised in private international law by the law of restitution, and includes coverage of restitutionary choice of law issues, such as subrogation, constructive trusts and claims for contribution. The unity and importance of the law of restitution in English domestic law is being increasingly recognised by academics, practitioners, and most importantly the courts. In recent years there have been a significant number of cases dealing with unjustified enrichment in private international law, including Baring Bros v Cunninghame D.C., and Re Polly Peck International plc. The focus of the book is on difficulties which might arise in practice, and it aims to assist practitioners dealing with issues which have not previously been treated at length: for example, in the case of money laundering, giving guidance to a commercial practitioner on which laws apply to a plaintiff's attempt to follow and trace the value of hismoney through a number of jurisdictions. The primary concern of the book is English private international law, however the domestic law of unjustified enrichment in other states is discussed in order to consider the problems conflicts between domestic laws can create. The jurisdictional and choice of law rules of other systems are also analysed in comparison with English law., This work provides a unified assessment of the issues raised in private international law by the law of restitution. It offers a detailed analysis of the jurisdictional and choice of law issues arising in claims for restitution in cross-border disputes. The main focus is upon the English rules, but comparisons with the treatment of unjust enrichment in the private international law rules of other countries are also included.