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International Negotiable Instruments
  • Language: en
  • Pages: 288

International Negotiable Instruments

  • Type: Book
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  • Published: 2020-11-19
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  • Publisher: Unknown

This book provides a comprehensive and thorough analysis of the legal framework for the treatment of international negotiable instruments. It considers the approach within and across major legal systems and pinpoints the key distinctions for the application of choice of law rules.

Blockchain and Private International Law
  • Language: en
  • Pages: 807

Blockchain and Private International Law

  • Categories: Law
  • Type: Book
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  • Published: 2023-11-13
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  • Publisher: BRILL

The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives,...

Res Judicata, Estoppel, and Foreign Judgments
  • Language: en
  • Pages: 432

Res Judicata, Estoppel, and Foreign Judgments

  • Categories: Law

This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the En...

Forum Shopping and Venue in Transnational Litigation
  • Language: en
  • Pages: 402

Forum Shopping and Venue in Transnational Litigation

  • Categories: Law

The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition...

Títulos de Crédito e Valores Mobiliários - Parte I - Títulos de Crédito - 2a Edição
  • Language: pt-BR
  • Pages: 154

Títulos de Crédito e Valores Mobiliários - Parte I - Títulos de Crédito - 2a Edição

  • Categories: Law
  • Type: Book
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  • Published: 2023-11-06
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  • Publisher: Leya

São muitos e variados os títulos de crédito, não sendo igual a sua importância prática. As letras e livranças continuam a ser muito usadas, como o revelam numerosas decisões judiciais em que se dá conta disso mesmo. Também o conhecimento de carga é ainda um instrumento útil nas trocas internacionais e no financiamento de empresas, possibilitando o recurso ao crédito documentário. Outros títulos de crédito viram o seu papel diminuído com o desenvolvimento de novos mecanismos e tecnologias. O cheque, por exemplo, tem hoje um papel diminuto na realização de pagamentos correntes. Por outro lado, o recurso a documentos eletrónicos e à Blockchain suscita muitas interrogações acerca do futuro dos títulos de crédito. Esses são alguns dos temas abordados neste livro e que, só por si, justificam a sua leitura.

Philosophical Foundations of Private International Law
  • Language: en
  • Pages: 433

Philosophical Foundations of Private International Law

  • Categories: Law

Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law...

The Foundation of Choice of Law
  • Language: en
  • Pages: 345

The Foundation of Choice of Law

  • Categories: Law

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are ...

Substance and Procedure in Private International Law
  • Language: en
  • Pages: 496

Substance and Procedure in Private International Law

  • Categories: Law
  • Type: Book
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  • Published: 2012-03-08
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  • Publisher: OUP Oxford

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substa...

Cheshire, North and Fawcett
  • Language: en
  • Pages: 1584

Cheshire, North and Fawcett

  • Categories: Law

The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.

Shares and Other Securities in the Conflict of Laws
  • Language: en
  • Pages: 398

Shares and Other Securities in the Conflict of Laws

The author examines the problems of choice of law relating to shares and other securities.