Personal Connecting Factors

Document Type

Book Chapter

Publication Date

2022

Keywords

Jurisdiction, Conflict of Law, Private Citizens, Law School, Canadian Law

Abstract

Private international law, also known as conflict of laws, refers to the intersections of law between private citizens of different countries and the recognition, regulation, and enforcement of legal rights in cases involving foreign entities. Commonplace in modern commerce and increasingly prevalent in areas such as family law, private international law presents challenging legal issues for Canadian courts.

Private International Law in Common Law Canada: Cases, Text and Materials, 5th Edition introduces the historical and theoretical underpinnings of private international law, exploring its constitutional implications and intersections with public policy. It examines three key issues: taking jurisdiction over a dispute, recognizing and enforcing the judgment of a foreign court, and identifying the law to be applied in resolving a dispute. These issues are explored in the areas of torts, contracts, and unjust enrichment, as well as in property law, succession, and family law.

The fifth edition of this comprehensive casebook features updated case law and current legislation relevant to important issues such as the recognition and enforcement of foreign judgments, and family law matters. Authored by a team of prominent Canadian scholars, Private International Law in Common Law Canada continues to be the only casebook of its kind to examine all traditional conflict-of-law issues.

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