adoption
applicable law
Brazil
Category=LBG
Category=LNCB
China
civil matters
commercial matters
divorce
eq_isMigrated=1
eq_nobargain
foreign arbitral awards
foreign judgments
India
international trade
jurisdiction
maintenance
personal matters
Russia
South Africa
succession
surrogacy
Product details
- ISBN 9781509966141
- Dimensions: 169 x 244mm
- Publication Date: 08 Aug 2024
- Publisher: Bloomsbury Publishing PLC
- Publication City/Country: GB
- Product Form: Hardback
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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.
Stellina Jolly is Associate Professor at the Faculty of Legal Studies, South Asian University, India.
Saloni Khanderia is Professor of Private Law and Private International Law at Jindal Global Law School, India.
