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Castel & Walker: Canadian Conflict of Laws, 6th Edition

Provides a scholarly yet practical analysis of the vast and continuously growing body of common law, legislation and treaties and conventions that govern private international law as it is applied in Canada.
Publication Language: English
Loose-Leaf
$2,640.00
Quantity
In Stock
Published: January 01, 2005
ISBN/ISSN: 9780433449850

Product description

Through five successful editions, LexisNexis® Castel &  Walker: Canadian Conflict of Laws has provided a scholarly yet practical analysis of the vast and continuously growing body of common law, legislation and treaties and conventions that govern private international law as it is applied in Canada.

Now Includes LexisNexis® Quicklaw® Citations

Case references include both the official law report citation and the LexisNexis Quicklaw citation. Allowing you to quickly identify and obtain the full-text decisions relevant to your particular case.

Features and Benefits:

  • Comprehensive approach - 35 chapters set out the general principles and how they are applied by the courts in virtually every area of civil practice
  • Practical guidance - Addresses the unique evidentiary and procedural issues that form part of the conflict of laws field
  • Up-to-date information - The looseleaf format combined with regular releases ensure that the publication always represents the current state of the law as articulated in the hundreds of court decisions handed down each year
  • Authoritative statement of the law - Written by a top expert in the field of private international law

Particular focus is placed on:

  • How courts across Canada have been implementing, refining, and sometimes distinguishing, the governing principles articulated in leading cases
  • Contemporary approaches to conflicts issues in the private law fields including the particular rules that have developed with respect to torts, contracts, property, succession, family law and bankruptcy and insolvency
  • Impact of recent international developments on the enforcement of civil and commercial judgments worldwide

Billing Method: Updates Billed As Issued

 

Featured Authors

Table of contents

Part One: General Considerations
Chapter 1: Nature and Scope of the Conflict of Laws
Chapter 2: The Constitution and the Conflict of Laws
Chapter 3: Characterization and the Incidental Question
Chapter 4: The Connecting Factors of Domicile and Residence
Chapter 5: Renvoi
Chapter 6: Substance and Procedure
Chapter 7: Proof of Foreign Law and Foreign Documents
Chapter 8: Refusal to Apply Foreign Law or to Enforce Foreign Judgments
Chapter 9: The Time Element

Part Two: Jurisdiction of Canadian Courts - Foreign Judgments and Arbitration Awards
Chapter 10: The Scope of Judicial Jurisdiction
Chapter 11: The Bases of Judicial Juristiction
Chapter 12: Admiralty Actions In Rem and In Personam
Chapter 13: Declining Jurisdiction
Chapter 14: Recognition and Enforcement of Judgments
Chapter 15: Arbitration and Recognition and Enforcement of Foreign Arbitral Awards

Part Three: Choice of Law
(A) Family Law
Chapter 16: Marriage
Chapter 17: Matrimonial Causes
Chapter 18: Custody, Access and Guardianship
Chapter 19: Support Obligations
Chapter 20: Legitimacy, Legitimation, Adoption and Determination of Paternity
Chapter 21: Mental Incompetence
(B) Property
Chapter 22: Nature and Situs of Property
Chapter 23: Immovables
Chapter 24: Movables
Chapter 25: Matrimonial Property
Chapter 26: Estates Administration
Chapter 27: Succession
Chapter 28: Trusts
(C) Bankruptcy, Insolvency and Foreign Corporations
Chapter 29: Bankruptcy and Insolvency
Chapter 30: Foreign Corporations
(D) Obligations
Chapter 31: Contracts
Chapter 32: Unjust Enrichment
Chapter 33: Negotiable Instruments
Chapter 34: Foreign Currency Obligations
Chapter 35: Torts

Index