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Restitution in Private International Law

Autor George Panagopoulos
en Limba Engleză Hardback – 16 noi 2000
This important new book fills a large gap in legal literature by examining restitution in private international law,including both the jurisdiction and choice of law questions facing restitutionary claims with international elements. The book begins with a brief summary of the English domestic law of restitution and highlights some of the issues which may arise. It goes on to examine classification, or characterisation of restitutionary claims.. Restitution has a theoretical unity which enables the author to treat it essentially as a single issue for characterisation purposes. However, restitutionary claims arise in the context of contracts and wrongs; they may be at law or in equity; they may give rise to personal or proprietary remedies, whilst they may be contingent on tracing. Each of these contexts is analysed separately for the purposes of characterisation. The central part of the book examines the choice of law rule for restitutionary issues, and reviews the different approaches adopted in the US and UK and in other parts of the common law world. After weighing the merits of the different approaches the author adopts a choice of law rule for restitutionary issues which is the proper law of the unjust factor. Depending on whether the unjust factor is event-based or law-based, the choice of law rule will focus on either the law of the place, or alternatively, the legal system with which the unjust factor has its closest and most real connection. Jurisdiction is an area of increasing importance in private international law and the book provides a thorough analysis of the topic of jurisdiction for restitutionary claims, both under the Brussels Convention as well as the traditional common law rules contained in the Civil Procedure Rules.This is an important and timely new work for all lawyers interested in restitution, private international law and international commercial litigation.
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Specificații

ISBN-13: 9781841131429
ISBN-10: 1841131423
Pagini: 320
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.6 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The author of this important book considers restitutionary claims with international elements. He compares the approaches to the questions of jurisdiction and choice of law such claims pose, arguing for one based on the unjust factor in each case.

Notă biografică

George Panagopoulos is a solicitor with the law firm of Richards Butler in Athens.

Recenzii

Panagopoulos book is a welcome addition it is required reading for those who practice or have an interest in this developing area.
...a thorough study of restitution in private international law The book is a very useful addition to the specialized literature of private international law. It is researched diligently and carefully argued

Descriere

This book examines restitution in private international law and the choice of law questions facing international restitutionary claims.