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internal law of the forum
law [of the casue] to be applied by the forum
law of party's domicile
law of the country where a marriage celebrated
law of the country where contract deemed to have been formed
law of country where contract to be performed
law of country where legal act takes place
law to which a legal act/ transaction has the most connection
law of a person's domicile
law of the country where property situated
law of country where a delict performed
law used to determine rights in succession
REGULATION re jurisdiction, recognition, and enforcement of judgments re matrimonial and PR matters
REGULATION re jurisdiction, recognition and enforcement of judgments in CIVIL & COMMERCIAL matters
Classification-
collection of tax - no!
Assisting in investigation -Yes!
proof of foreign law provided by...
Judicial knowledge of Scots law and Scots IPL law assumed bu Scots ct, but UKSP
Foreign law is a Q of
where parties ignore FL aspect in pleadings
if D has not raised FL issue in pleadings but later feels it would be advantageous...
Bonnor v Balfour Kilpatrick
Pryde v Proctor & Gamble
gift inter vivos so
lex situs, or
donatio mortis causa so lex successionis
Re Korvine's Trust
incapax to contract creates international invalidity
onus of proving DoO changed to DoC
Jamaican colonist; Scots roots rtns when slavery abolished; wife dies soon after; daughter could not demo F was Scots domd as he hadn't made up mind (W's Dom follwed H's)
Art 5(1) (Brussels I) only works where single place of performance
Brussels I Art 5(1)
Brussels I Art 2
Brussels I on contract
Brussels I on consumer contracts
Brussels I on property
Brussels I on prorogation
Brussels I on appearance by Def
Brussels I on lis pendens
only possible to have one one residence quoad Brussels I; 10% of time spent in England does not qualify
Cherney v Deripaska
enforced residence does not equal substantial connection viz s41 CJJA1982
dom determined at time summons signed by Sh Clerk (Scot) or issuing of the writ (Eng)
principal extra-EU IPL Convention?
BI and Lugano II Art that refers to suing in the MS of any one of the defenders
Swiss dom of a multi party provided jurisdiction under Lugano II (extra-EU)
Single place reqd to justify jurisdiction quoad place of performance of contract viz BI A5(1) (or LII): case?
where more than one place of provision of service (air travel), ct to look for most significant linking factor
even where a business has detailed spec of goods to be supplied by supplier, still contract for sale of goods, so place of delivery viz BI A5(1)(b) indent 1 relevant
Contract for provision of services governed by BI A?
contact for sale of goods governed by BI A?
where services and sale of goods
BI Art 23 deals with
BI Art 27 deals with
conflict between A23 and A27 BI: priciple and case?
Enforcement of judgements; Ct addressed does not revist Ct of Origin judgement unless
Marriage: criteria viz
Hyde v Hyde & Woodmansee
2 principle questions re validity of marraige
essential validity of marriage relates to questions of?
German national domd in Eng; 1st wife died and wanted to marry her sister in Germany; because he was domd in Eng immediately prior to marriage, even though ok by German law, invalid in Eng
validity of Marriage in Scotland governed by
essentail validity of marraige determined by ct of dom imed prior to marriage; Jewish Egypian uncle/neice married in Egypt:
Q of formal validity of marriage determined by lex loci celebrationis, case?
divorce proceedings re French couple in England dismissed as no formal validity of French marraige, case?
German domd in Eng imd prior to attempt to marry his late wife's sister in G: law of ? validity, and governed by ?
