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Ius Comparatum - Global Studies in Comparative Law

Treatment of Foreign Law - Dynamics towards Convergence?

Editors: Nishitani, Yuko (Ed.)

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  • Provides a unique insight into the use of foreign law in different jurisdictions in the world
  • Includes contributions from officers or academics working for international or regional institutions, including the Hague Conference on Private International Law and the EU
  • Provides swift access to an overview of the current state of foreign law
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About this book

This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

About the authors

Yuko Nishitani is Professor of International Private and Business Law at Kyoto University Graduate School of Law in Japan since April 2015. Prior to this, she held a chair at Tohoku University (1997-2007) and Kyushu University (2011-2015) in Japan. She holds a PhD from the University of Heidelberg (1997) and has done research in Heidelberg, Hamburg and Cologne (Germany), Milan and Florence (Italy), New York (U.S.), Lausanne (Switzerland), Paris (France) and the Hague (at the Hague Conference on Private International Law, the Netherlands). Her area of interests is private international law, international business law, international civil procedure law, comparative law, and family and succession law. 

Table of contents (31 chapters)

Table of contents (31 chapters)
  • Treatment of Foreign Law: Dynamics Towards Convergence? ― General Report

    Pages 3-60

    Nishitani, Yuko

  • Belgium: Foreign Law in Belgian Courts – From Theory to Practice

    Pages 63-92

    Wautelet, Patrick

  • Croatia: Foreign Law Before Croatian Authorities – At the Crossroads?

    Pages 93-111

    Župan, Mirela

  • Czech Republic – Treatment of Foreign Law in the Czech Republic

    Pages 113-129

    Pauknerová, Monika

  • Denmark: Foreign Law in Danish Civil Litigation: A Pragmatic Approach

    Pages 131-144

    Petersen, Clement Salung

Buy this book

eBook $169.00
price for USA in USD
  • ISBN 978-3-319-56574-3
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $219.99
price for USA in USD
  • ISBN 978-3-319-56572-9
  • Free shipping for individuals worldwide
  • Immediate ebook access, if available*, with your print order
  • Usually dispatched within 3 to 5 business days.
Softcover $219.99
price for USA in USD
  • ISBN 978-3-319-85946-0
  • Free shipping for individuals worldwide
  • Immediate ebook access, if available*, with your print order
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Treatment of Foreign Law - Dynamics towards Convergence?
Editors
  • Yuko Nishitani
Series Title
Ius Comparatum - Global Studies in Comparative Law
Series Volume
26
Copyright
2017
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing AG
eBook ISBN
978-3-319-56574-3
DOI
10.1007/978-3-319-56574-3
Hardcover ISBN
978-3-319-56572-9
Softcover ISBN
978-3-319-85946-0
Series ISSN
2214-6881
Edition Number
1
Number of Pages
XIII, 643
Number of Illustrations
2 b/w illustrations
Topics

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