Advertisement

Treatment of Foreign Law: Dynamics Towards Convergence? ― General Report

  • Yuko NishitaniEmail author
Chapter
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 26)

Abstract

This general report conducts a comparative study mainly on the following three points. First, the report examines comparatively the question of whether the application of conflict of laws is mandatory or facultative. Second, the report analyses the nature of foreign law and distinctive features of its treatment, particularly in relation to the mandatory and the facultative application of foreign law, the ascertainment of foreign law and the review of foreign law by appeal courts. Although the starting point on how to treat foreign law differs in civil law and common law jurisdictions, the practical outcome is more similar than would appear at first, even though unification of the treatment of foreign law is still a long way off. Third, the report critically scrutinizes the existing methods for obtaining information on foreign law in the light of administrative and judicial cooperation and analyses possibilities for improving access to foreign law.

Abbreviations

CC

Civil Code

CJEU

Court of Justice of the European Union

CPC

Civil Procedure Code

EC

European Community

EU

European Union

HCCH

Hague Conference on Private International Law

PIL

Private International Law

TEC

Treaty establishing the European Community ([consolidated version 2006] O.J. 29.12.2006, C 321E/37)

TFEU

Treaty on the Functioning of the European Union ([consolidated version 2016] O.J. 7.6.2016, C 202/47)

Copyright information

© Springer International Publishing AG 2017

Authors and Affiliations

  1. 1.Graduate School of LawKyoto UniversityKyotoJapan

Personalised recommendations