E. Herzog, Peter Keywords: United States of America | Conflict of laws | Constitutional law | Common law | Civil law | Mots clefs: Etats-Unis d'Amérique | Droit interrégional | Droit constitutionnel | Pays de Common law | Droit civil | ABSTRACT The point of this class is to understand the manner in which constitutional rules impact the choice of law depending on the countries. This study starts with a casuistic understanding of the position of United States, followed by Canada and Australia, as they are federal countries under common la…

C. Hartley, Trevor Keywords: Common law | Private international law | Mots clefs: Pays de Common law | Droit international privé | ABSTRACT In the opening pages of his course on private international law, Trevor C. Hartley, Professor Emeritus of the London School of Economics, reminds us that private international law, despite its name, is just a branch of the ordinary law of the land: it has no special authority. The only exceptions are the limited number of treaties and the increasing number of EU legal documents th…

E. Cheatham, Elliott Keywords: Common law | Conflict of laws | Mots clefs: Pays de Common law | Droit interrégional | ABSTRACT Elliott E. Cheatham begins his course with a presentation of the problems of conflict of laws. He examines the sources of rules of conflict of laws, and the relationship between federalism and conflict of laws. He then focuses on the analysis of the jurisdiction of the court of the forum, the question of foreign judgments, the protection of foreign-based legal interests, choice of law policie…

Talpis, Jeffrey Keywords: Property | Estate | Law of succession | Law of property | Conflict of laws | Private international law | Common law | Civil law countries | Mots clefs: ABSTRACT The Professor first talks about the various instruments used to transfer property at death by succession, as well as the main characteristics and categories of successions. In a second part, is discussed the law used in known succession substitutes, as well as other new approaches used. Third, the choice of law rules is reviewed, in addition to…

C. Hartley, Trevor Keywords: Common law | Law of contracts | International contracts | Mots clefs: Common law | Droit des obligations | Contrats internationaux | ABSTRACT In his course devoted to the Common Law approach of mandatory rules, Trevor C. Hartley, Professor at the London School of Economics and Political Science, gives several definitions of the concept of mandatory rules. He next discussed different theories that deal specifically with these rules. The author then focuses on the Rome convention and the America…

David McClean, John Keywords: Common law | Private international law | Hague Conference on Private International Law | Mots clefs: Common law | Droit international privé | Conférence de La Haye de droit international privé | ABSTRACT The common law countries are diverse in their legal systems, their constitutional structures, and in the clarity, sophistication, and style of their rules of private international law. In this course, the author shows that the work of the Hague Conference has had a real, if fragmented, impact on a trad…