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The realities of a global marketplace and shrinking political borders means that the application and reach of law is seldom confined to a province, a country or even a continent. The field of conflict of laws, also known as private international law, concerns the mechanisms for addressing cross-jurisdictional legal conflicts in regard to 3 major areas:
- Choice of law
- Choice of jurisdiction
- Recognition and enforcement of foreign judgments
Newly and thoroughly revised, Halsbury's Conflict of Laws (2011 Re-issue) analyzes and explains the broad range of conflict questions and rules impacting Canada's 14 jurisdictions, including issues such as:
- Jurisdiction of the courts
- Criteria for exercising
- Consent, attornment and agreement
- Presence, residence or domicile
- Class and parallel proceedings
- Declining jurisdiction
- State, diplomatic, procedural and jurisdictional immunity
- Waiver
- Limitations on scope of jurisdiction
Cross-border matters
- Service outside the jurisdiction
- Letters rogatory
- Obtaining Evidence
- Interprovincial Subpoenas
Recognition and enforcement of judgments in Canadian courts International conventions Excluding, ascertaining, pleading and proving foreign law and documents Choice of law analysis Renvoi Procedural issues Contracts, torts and unjust enrichment Family law issues
- Marriage
- Divorces and corollary relief
- Matrimonial property
- Adoption and legitimacy
- Custody, access and guardianship
- Support orders
- Incapable adults
Special Features
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
References and abbreviations - an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
Selected secondary sources - setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
Glossary of definitions - identifying words and phrases defined in relevant legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference to a wide variety of statutes promulgated across many jurisdictions
Plus
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
- Index
International