東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

Treatment of foreign law = dynamics ...

Nishitani, Yuko.

Linked to FindBook

Google Book

Amazon

博客來

Treatment of foreign law = dynamics towards convergence? /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Treatment of foreign law/ edited by Yuko Nishitani.
Reminder of title:	dynamics towards convergence? /
other author:	Nishitani, Yuko.
Published:	Cham :Springer International Publishing : : 2017.,
Description:	xiii, 643 p. :ill., digital ;24 cm.
Contained By:	Springer eBooks
Subject:	International relations - Law and legislation. -
Online resource:	http://dx.doi.org/10.1007/978-3-319-56574-3
ISBN:	9783319565743

Treatment of foreign law = dynamics towards convergence? /
Treatment of foreign lawdynamics towards convergence? /[electronic resource] :edited by Yuko Nishitani. - Cham :Springer International Publishing :2017. - xiii, 643 p. :ill., digital ;24 cm. - Ius comparatum - global studies in comparative law,v.262214-6881 ;. - Ius comparatum - global studies in comparative law ;v.26..

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.

ISBN: 9783319565743

Standard No.: 10.1007/978-3-319-56574-3doiSubjects--Topical Terms:

3250797
International relations
--Law and legislation.

LC Class. No.: KZ4850

Dewey Class. No.: 341.2

Treatment of foreign law = dynamics towards convergence? /
LDR:02645nmm a2200337 a 4500 001 2105676
003 DE-He213
005 20170705103713.0
006 m d
007 cr nn 008maaau
008 180417s2017 gw s 0 eng d
020 $a 9783319565743 $q (electronic bk.)
020 $a 9783319565729 $q (paper)
024 7 $a 10.1007/978-3-319-56574-3 $2 doi
035 $a 978-3-319-56574-3
040 $a GP $c GP
041 0 $a eng
050 4 $a KZ4850
072 7 $a LB $2 bicssc
072 7 $a LAM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LAW016000 $2 bisacsh
082 0 4 $a 341.2 $2 23
090 $a KZ4850 $b .T784 2017
245 0 0 $a Treatment of foreign law $h [electronic resource] : $b dynamics towards convergence? / $c edited by Yuko Nishitani.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2017.
300 $a xiii, 643 p. : $b ill., digital ; $c 24 cm.
490 1 $a Ius comparatum - global studies in comparative law, $x 2214-6881 ; $v v.26
520 $a 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.
650 0 $a International relations $x Law and legislation. $3 3250797
650 1 4 $a Law. $3 600858
650 2 4 $a Private International Law, International & Foreign Law, Comparative Law. $3 1566062
650 2 4 $a Civil Procedure Law. $3 899287
700 1 $a Nishitani, Yuko. $3 3250795
710 2 $a SpringerLink (Online service) $3 836513
773 0 $t Springer eBooks
830 0 $a Ius comparatum - global studies in comparative law ; $v v.26. $3 3250796
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-56574-3
950 $a Law and Criminology (Springer-41177)