
Private International Law in BRICS
Convergence, Divergence and Reciprocal Lessons
- 784 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Private International Law in BRICS
Convergence, Divergence and Reciprocal Lessons
About this book
This book examines the convergences, divergences and reciprocal lessons that the BRICS countries ( Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
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Table of contents
- Cover
- Title Page
- Foreword by Dammu Ravi
- Foreword by Marta Pertegás Sender
- Series Editor’s Preface
- Acknowledgements
- Contents
- Notes on Contributors
- Abbreviations
- Table of Cases
- PART I: INTRODUCTION
- PART II: THE JURISDICTION OF COURTS AND THE INITIATION OF CLAIMS IN INTERNATIONAL CIVIL AND COMMERCIAL MATTERS
- PART III: PRIVATE INTERNATIONAL LAW IN PERSONAL MATTERS
- PART IV: THE LAW OF OBLIGATIONS
- PART V: THE RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
- PART VI: CONCLUDING REMARKS
- Selected Bibliography
- Index
- Copyright Page