Foreign Law in Civil Litigation
A Comparative and Functional Analysis
Series: Oxford Private International Law Series;
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128 677 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 January 2004
- ISBN 9780199264766
- Binding Hardback
- No. of pages456 pages
- Size 241x162x28 mm
- Weight 751 g
- Language English 0
Categories
Short description:
This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas. The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.
MoreLong description:
This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas. The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.
MoreTable of Contents:
General Introduction
PART ONE: FOREIGN LAW AT THE TRIAL LEVEL
Introduction
The Decision-making Process in Civil Litigation with Comparative Perspectives
The Introduction and Ascertainment of Foreign Law
Principle and Policy at the Trial Level
PART TWO: FOREIGN LAW AT THE REVIEW LEVEL
Introduction
Final Review: Cassation, Revision, and Appeal Compared
The Power to Review Foreign Law
Principle and Policy at the Review Level
Conclusion: Towards a Positive Attitude to Foreign Law
