[Download] "New Directions in Private International Law" by Agenda Internacional # Book PDF Kindle ePub Free
eBook details
- Title: New Directions in Private International Law
- Author : Agenda Internacional
- Release Date : January 01, 2009
- Genre: Politics & Current Events,Books,
- Pages : * pages
- Size : 81 KB
Description
The term private international law lacks a universally agreed definition. This is hardly surprising, since it is often given different meanings in different legal cultures or systems. In the North American common law tradition, for example, it is generally if narrowly equated with conflicts of laws--that is, the specialized principles and rules of national law used by domestic courts to determine which of several competing laws applies to disputes involving people in different countries or of different nationalities or to transactions which cross international boundaries. In such situations, for example, courts can choose to apply the law of the forum, the law of the individual's nationality, or the law of the site of the transaction or occurrence. Most U.S. practitioners and judges think of private international law as referring to these choices of law rules. A broader view, typically held by those individuals trained in civil law systems, expands the definition to include the provisions of domestic (national) law governing the exercise of domestic jurisdiction over people, property and transactions in transborder situations, as well as the enforcement of foreign judgments. Here, the main questions tend to focus on the permissible scope of domestic court authority to hear disputes involving foreigners and foreign transactions and to recognize and enforce judgments resulting from adjudications in foreign courts. In many countries, these provisions are comprehensively codified.