Book Description

Présentation de l'édition : This up-to-date treatment of an area of increasing importance provides an in-depth and clear analysis of the complexities of the subject. The newly revised edition of this highly regarded book provides a thorough account of all branches of Scots private law in their conflict of laws dimension. A noted feature of the subject, to which the book pays central attention, is the expanding influence of the EU legislative programme for civil justice, which affects the substance of the conflict rules of all European Member States. The Brussels I Recast regulation is given a full analysis in particular, as are Rome IV (wills and succession) and Rome III (choice of law in divorce). The book explains and analyses the rules of civil and commercial jurisdiction set out in the Brussels I Regulation, and the choice of law rules of the law of obligations contained in the new Rome I and Rome II Regulations. In family law, a full treatment is given of the rules pertaining to jurisdiction and recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, as contained in the Brussels II bis Regulation, including their interaction with the Hague Convention on International Child Abduction. The chapter on marriage is updated significantly to take account of same sex marriage legislation in Scotland and England. Full account is given of the conflict rules pertaining to property, in the various contexts of matrimonial and cohabiting relationships, lifetime transfers, insolvency and succession. The book is a thorough and accessible treatment of the theory and methodology employed in this branch of the law, and constitutes an immensely valuable source of information, for students of the subject and practitioners, about the changing content of this important area of the law."