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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.
CONTENTS
Preface
1. Introduction 2. Domicile and Residence 3. Exclusion of Foreign Law 4. Foreign Currency Obligations 5. Jurisdiction In Personam 6. Forum Non Conveniens 7. Anti-Suit Injunctions 8. Recognition and Enforcement of Foreign Judgments 9. Recognition and Enforcement of Foreign Arbitral Awards 10. The Choice of Law Process 11. Substance and Procedur 12. Pleading and Proof of Foreign Law 13. Tort 14. Contract 15. Unjust Enrichment 16. Nature and Situs of Property 17. Immovable Property 18. Movable Property 19. Succession 20. Trusts 21. Marriage 22. Divorce 23. Nullity 24. Children 25. Support Obligations 26. Matrimonial Property
Table of Cases Index About the Authors
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Published 31 August 2016
Publisher Irwin Law (Canada)
Paperback/584pp
ISBN 9781552214367
Australian RRP $99.00
International Price $90.00
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Law - Canadian Law
Law - Legal Profession / Legal Practice
Essentials of Canadian Law

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