Private International Law as Component of the Law of the Forum
In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.
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CHAPTER I THE PURPOSE OF THIS GENERAL COURSE
CHAPTER II HOW INTERNATIONAL IS PRIVATE INTERNATIONAL LAW ?
CHAPTER III WHY AND IN WHOSE INTEREST DO COURTS APPLY FOREIGN LAW ?
CHAPTER IV SOME CHARACTERISTIC FEATURES OF CONFLICT RULES
CHAPTER V DO ARBITRAL TRIBUNALS HAVE A LEX FORI ?
CHAPTER VI SHOULD CONFLICT RULES AND FOREIGN LAW BE APPLIED EX OFFICIO ?
CHAPTER VII THE PRINCIPLE OF LOYAL APPLICATION OF FOREIGN LAW
CHAPTER VIII CLASSIFICATION
CHAPTER XI ABUSE OF PRIVATE INTERNATIONAL LAW
CHAPTER XII FOREIGN RULES MADE BY NONSTATE OR UNRECOGNIZED ENTITIES
CHAPTER XIII LEGAL PHENOMENA UNKNOWN TO THE LEX FORI
CHAPTER XIV PRELIMINARY QUESTIONS
CHAPTER XV THE PROBLEM OF EQUIVALENCE
CHAPTER XVI ADJUSTMENT
CHAPTER XVII FOREIGN PUBLIC LAW
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A. V. M. Struycken applicable law application of foreign apply foreign law arbitrators Article Audit Bucher C. M. V. Clarkson Cassation Court Chapter concerning Conflict of Laws conflict rules connecting factors contents contract coun country’s decided decision Dicey and Morris dispute domicile Droit international privé E. F. Scoles EC Regulation English example fact foreign country foreign legal system foreign rule forum country French governed habitual residence inheritance interest Internationales Privatrecht issue Jänterä-Jareborg Jayme jurisdiction Kegel Law Applicable legal relationship legislator lex causae lex fori marriage normally Obligations Rome ordre public parties principle private international law private law problem procedural provisions public law public policy reservation pursuant recognition and enforcement Recueil des cours regarding renvoi Rome II Regulation Schurig situation stipulates substantive law substantive rules Svensk Juristtidning Sweden Swedish court Swedish law Swedish private international Swedish Supreme Court T. C. Hartley tion tional law tort valid vate international law