LA3014 Conflict of lawsThe nature of private international law
Fundamental conceptions: classification; renvoi; public policy; evasion of the law; the incidental question; time factor.
Connecting factors, in particular domicile and habitual residence; comparison with nationality.
The rules relating to the jurisdiction of English courts in cases involving a foreign element. Staying foreign actions: the forum non conveniens doctrine.
The principles of English private international law relating to the following matters:
- Persons: status and capacity; corporations.
- The family: validity and effects of marriage: divorce: nullity of marriage: maintenance obligations: legitimacy.
- Contracts: form; interpretation; illegality; discharge.
- Property: movables and immovables; transfer of tangible and intangible property. Intestacy; wills; administration of estates; Trusts.
- Procedure and evidence: proof of foreign law: recognition and enforcement of foreign judgments and decrees.
Note: The syllabus does not include bankruptcy, negotiable instruments, the equitable doctrines of election, satisfaction and performance.
A student is permitted to bring into the examination room the following specified document: one copy of each of the following: Civil Jurisdiction and Judgments Act1982; Family Law Act 1986; Contracts (Applicable Law) Act1990; Civil Jurisdiction and Judgments Act1991; Private International Law (Miscellaneous Provisions) Act 1995 and one copy (or photocopy) of the Official Journal of the European Community of: Council Regulation (EC) No. 44/2001 of 22 December 2000 on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters.