Download or read book Selected Topics in Family and Private International Law written by Menasheh Shaṿah and published by . This book was released on 2000 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law in Israel written by Talia Einhorn and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Israel. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.
Download or read book Promoting Women s Rights in Islamic Law in a Non Muslim State Israel written by Ahmad Natour and published by Rowman & Littlefield. This book was released on 2021-04-07 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Download or read book Indian Private International Law written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Download or read book Choice of Law and Recognition in Asian Family Law written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.
Download or read book Private International Law written by Sai Ramani Garimella and published by Springer. This book was released on 2017-01-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
Download or read book International litigation and the quest for reasonableness written by Andreas F. Lowenfeld and published by Martinus Nijhoff Publishers. This book was released on 1995 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume containes: International Litigation and the Quest for Reasonableness. General Course on Private International Law by A.F. LOWENFELD, Professor at New York University; Souverainete etatique et protection internationale des minorite; part Y. BEN ACHOUR, professeur a l'Universite de Tunis. To access the abstract texts for this volume please click here
Download or read book Research Handbook on International Family Law written by Janeen M. Carruthers and published by Edward Elgar Publishing. This book was released on 2024-06-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law. This Research Handbook presents critical perspectives on complex issues arising in the field of international family law. It adopts an international approach, considering a range of jurisdictions and perspectives, and shows that, as the number of international families increases, so too does the potential for cross-border, family law disputes. The Handbook provides a scholarly overview of current research in international family law, and the contributing authors offer critical analysis of topics such as legal parentage, intercountry adoption, habitual residence, parental responsibility, child and family relocation, international child abduction, forced marriage, and the financial and property consequences of adult relationships. This Research Handbook is an essential reference work for scholars and researchers of family law and private international law. Likewise, legal practitioners working in the international family law arena will benefit from this important resource due to its focus on research, policy and practice.
Download or read book Contractualisation of Family Law Global Perspectives written by Frederik Swennen and published by Springer. This book was released on 2015-07-06 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.
Download or read book International and Foreign Legal Research written by Marci Hoffman and published by Martinus Nijhoff Publishers. This book was released on 2012-10-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and Foreign Legal Research: A Coursebook, second edition by Hoffman and Rumsey, now in a second edition, is designed for classes in foreign and international legal research. Topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU.
Download or read book Direct Jurisdiction written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
Download or read book Sixty Years of European Integration and Global Power Shifts written by Julien Chaisse and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a review of how sixty years of case-law and regulatory activity transformed the European continent and the world. It provides a critical analysis of the key features of EU integration and how this integration is perceived (internally and externally). In this context, this book also explores the EU's interactions with a number of other countries and organisations with the objective of assessing the EU's role in global governance.
Download or read book Diversity and Integration in Private International Law written by Ruiz Abou-Nigm Veronica Ruiz Abou-Nigm and published by Edinburgh University Press. This book was released on 2019-08-05 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can private international law contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society? Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions and institutions, the volume explores how private international law's connective capacity could be enhanced by more inclusive methodologies. This would allow it to better able to engage with the reality of the integration that it is there to promote. Based on comparative methodology, the volume examines legal practice, as revealed by national and regional case law. The scope includes the practice of international commercial arbitration; private international law regulatory frameworks; and legal theory.
Download or read book Asia Pacific Trusts Law Volume 2 written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.
Download or read book Selected Topics in Migration Studies written by Frank D. Bean and published by Springer Nature. This book was released on 2023-04-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a collection of key papers about migration, focusing on multiple aspects of international and internal migration in various times and places. Because migration has been such an important part of global peopling, the book contains synopses of major geographic movements from ancient and early history as well as the present. It includes material from anthropology, archaeology, criminology, demography, economics, ethnic studies, geography, health sciences, history, law, public policy, political science, psychology, and sociology. By providing a treatment of migration that is multifaceted, comparative, and multi-disciplinary, it offers not only a basis for conceptualizing broad features of migration and their changes, but also one for discerning the formal and informal policy auspices that have influenced migration. The book thus constitutes a significant resource for students, teachers, practitioners, scholars, and researchers interested in or working on aspects of migration in any field. It should be particularly useful for people seeking information and knowledge about migration from fields other than their own.
Download or read book 2009 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.
