Book contents
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- Part I General principles
- 1 Introduction
- 2 Characteristics of the English conflict of laws
- 3 Choice of law rules
- 4 Proof of foreign law
- 5 Domicile and residence
- 6 Substance and procedure
- Part II Jurisdiction and foreign judgments
- Part III Law of obligations
- Part IV Property and succession
- Part V Family law
- Part VI Exclusion of foreign laws
- Part VII Theoretical considerations
- Index
1 - Introduction
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- Part I General principles
- 1 Introduction
- 2 Characteristics of the English conflict of laws
- 3 Choice of law rules
- 4 Proof of foreign law
- 5 Domicile and residence
- 6 Substance and procedure
- Part II Jurisdiction and foreign judgments
- Part III Law of obligations
- Part IV Property and succession
- Part V Family law
- Part VI Exclusion of foreign laws
- Part VII Theoretical considerations
- Index
Summary
The subject-matter
The English conflict of laws is a body of rules whose purpose is to assist an English court in deciding a case which contains a foreign element. It consists of three main topics, which concern respectively: (i) the jurisdiction of an English court, in the sense of its competence to hear and determine a case; (ii) the selection of the appropriate rules of a system of law, English or foreign, which it should apply in deciding a case over which it has jurisdiction (the rules governing this selection are known as ‘choice of law’ rules); and (iii) the recognition and enforcement of judgments rendered by foreign courts or awards of foreign arbitrations.
If the case contains no foreign element, the conflict of laws is irrelevant. If an Englishman and woman who are both British citizens, domiciled and resident in England, go through a ceremony of marriage in England and later, when they are both still domiciled and resident here, the wife petitions an English court for a divorce, no foreign element is involved. No problem of jurisdiction arises and any questions about the validity of the marriage or the grounds upon which a divorce can be granted, as well as any procedural or evidential matters, are all governed by English law alone. The same is true if two Englishmen in England contract here for the sale and purchase of goods to be delivered from Oxford to Cambridge with payment in sterling in London, and the seller later sues the buyer and serves him with a writ in England.
- Type
- Chapter
- Information
- Conflict of Laws , pp. 3 - 7Publisher: Cambridge University PressPrint publication year: 2001