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Restitution in Private International Law

ISBN: 9780198298434 | 0198298439
Format: Hardcover
Publisher: Oxford University Press
Pub. Date: 6/11/2015

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This book is the first unified and in-depth assessment of the issues raised in private international law by the law of restitution, and includes coverage of restitutionary choice of law issues, such as subrogation, constructive trusts and claims for contribution. The unity and importance of the law of restitution in English domestic law is being increasingly recognized by academics, practitioners, and most importantly the courts. In recent years there have been a significant number of cases dealing with unjustified enrichment in private international law, including Baring Bros v Cunninghame D.C., and Re Polly Peck International plc. The focus of the book is on difficulties which might arise in practice, and it aims to assist practitioners dealing with issues which have not previously been treated at length: for example, in the case of money laundering, giving guidance to a commercial practitioner on which laws apply to a plaintiff's attempt to follow and trace the value of his money through a number of jurisdictions. The primary concern of the book is English private international law, however the domestic law of unjustified enrichment in other states is discussed in order to consider the problems conflicts between domestic laws can create. The jurisdictional and choice of law rules of other systems are also analyzed in comparison with English law.


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