Cases and Materials on Comparative Private International Law; From Civil Law and Common Law Traditions; Volume II - Choosing and Applying Foreign Law

Private international law studies may touch on every category of private law and sometimes on public international law; however, their primary focus is on (1) jurisdiction of local civil courts over foreign persons, (2) recognition and enforcement of civil money judgments from foreign countries, and (3) potential application of foreign law in local litigation. Use of the word "Comparative" in this casebook indicates that it deals mostly with national law. Volume 1 provides illustrative texts from legislation and reports of judicial decisions, together with references to additional materials concerning the first two topics, while Volume II does the same as the third topic. Both volumes concern civil and commercial matters. Succession from decedents, property law, family relationships and business organization are major areas of Private International Law that cannot be covered in the short time and space available. Also, we have shortened some of the officially reported judicial decisions by omitting text that is not clearly pertinent to the study. The author-editors have attempted to indicate what portions have been omitted and to indicate their own separate commentary and references by placing them in shaded areas. Table of Cases Appearing in this Volume: Brickner v. Gooden                                                 78 Companhia de Mocambique v. British South Africa Co.   2 DeSantis v. Wackenhut Corp.                                   107 Heath v. Zellmer                                                    65 Mason v. Rose                                                       10 Meilson v. Overseas Projects Corp. of Victoria Ltd        21 Mostyn v. Fabrigas                                                 1, 2 Motenko v. MGM Distr. Inc.                                      87 Phillips v. Eyre                                                       2 Reich v. Purcell                                                      75 Saloomey v. Jeppeson & Co.                                    97 Schlemmer v. Fireman's Fund Ins. Co.                        83 Simon v. Philip Morris Inc                                         39 Slater v. Mexican National Railroad Co.                       4 Walton v. Arabian American Oil Co.                            16 Table of Contents: 1. Application of the Lex Fori, Modified for defences 2. Application of Foreign Law Based on the "Seat" of Legal Relations 3. Vested Rights Theory 4. Establishing Foreign Law in Local Courts 5. The American "Conflicts Revolution" 6. Contract Issues under the second Restatement 1969 7. Rome Convention 1980 8. Swiss Statute on Private International Law 1989