Short description:

The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Long description:

The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

As well as explaining the basic theoretical framework of the public policy exception in private international law, the book drills down into the practical application of such rules, giving an overview of these jurisdictions? legal and policy stances on current issues including: punitive damages, surrogacy, same-sex marriage, gender-based discrimination, Islamic law, and adoption to name a few. This approach serves to highlight both the differences and the similarities in approach.

Key Features:

• The first book to give a detailed practical treatment of the public policy exception in private international law
• Coverage of 16 key jurisdictions
• Two cross-cutting chapters that work through the comparative elements
• Chapters written by experts in their respective jurisdictions

The book is the first to provide systematic jurisdictional coverage of the public policy exception and will be of immense value to notaries and practising lawyers navigating their way through this complex interaction. Academics and policy makers with a special interest in private international law will also find this an excellent platform for further research.

?There is nothing more national in private international law than the public policy exception and its application. This book contains a recent account of how far legal systems are prepared to apply foreign law and to disregard their domestic private law values. A valuable tool for academics and practitioners forged by excellent authors.?

Table of Contents:

Contents:

Preface
1 A Flexible System in Flux: On the Realignment of Public Policy 1
Olaf Meyer
2 Public Policy in European Private International Law 25
Wolfgang Wurmnest
3 Austria 48
Bea Verschraegen and Florian Heindler
4 Bosnia and Herzegovina 83
Zlatan Meškić and Anita Duraković
5 China 100
Fang Yu and Qiao Liu
6 England 120
Louise Merrett
7 France 162
Cécile Pellegrini
8 Germany 191
Peter Mankowski and Svenja Langenhagen
9 Hungary 224
Réka Somssich
10 Italy 242
Pietro Franzina
11 Poland 270
Maciej De Abgaro Zachariasiewicz
12 Portugal 300
Luís de Lima Pinheiro
13 Russia 319
Madina Kassenova
14 Spain 353
Nicolás Zambrana-T.var and Alberto Muńoz Fernéndez
15 Sweden 374
Ulf Maunsbach
16 Switzerland 390
Andreas Furrer and Dirk Tru?ten
17 Turkey 420
Candan Yasan-Tepetaş
18 United States 438
John F. Coyle

Index