The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need “for greater unity between the conflict rules and the general law,” and for “allowing, where appropriate, the influence of legal systems other than that of the forum.” Professor Baxter’s discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.
The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need “for greater unity between the conflict rules and the general law,” and for “allowing, where appropriate, the influence of legal systems other than that of the forum.” Professor Baxter’s discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.
![Essays on Private Law: Foreign Law and Foreign Judgments](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.10.4)
Essays on Private Law: Foreign Law and Foreign Judgments
218![Essays on Private Law: Foreign Law and Foreign Judgments](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.10.4)
Essays on Private Law: Foreign Law and Foreign Judgments
218Product Details
ISBN-13: | 9781442651715 |
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Publisher: | University of Toronto Press, Scholarly Publishing Division |
Publication date: | 07/19/2016 |
Series: | Heritage Series |
Pages: | 218 |
Product dimensions: | 6.00(w) x 9.00(h) x (d) |