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Extracurricular book of private international law, recommended bibliography of private international law?

This article was written by Zhang Xinhuan and reviewed by Song Yang.

The good books recommended by Private International Law Today are Elizabeth Crawford (Bachelor of Law) and Jia Ning M. Carruthers (Bachelor of Law) of Glasgow University. National Privacy Law (5th Edition), published by Edinburgh University Press in 2020.

Avizandum is the unique language of Scottish legal English, which means that the court thinks about the trial itself before making a judgment.

Scotland and England belong to Britain, but they are very different from English case law, emphasizing the legislation of written law. Therefore, this Scottish textbook is compiled to emphasize the differences between Scottish private international law and British legal tradition. Moreover, this book mainly interprets the relevant legislative rules of Scottish private international law in legal comments.

Brief introduction of the author

Professor Crawford graduated with honors from McCormick Prizewiner of Glasgow University, qualified as a lawyer, and studied as a legal researcher at foulds University, receiving his doctorate (Scottish Law) from 65438 to 0983.

She entered law school on 1976, majoring in conflict law.

Professor Crawford has developed a wide range of conflict of laws courses and has a long-term record of publications and consulting in all aspects of this field.

He is interested in all aspects and themes of conflict of laws.

At present, her main research direction is to study the assimilation process of dispute rules in EU member States, international private law/legal disputes, especially the coordination scheme between EU civil law and commercial law, including family law including property and inheritance.

Professor Carcey entered the Law School of Glasgow University from 65438 to 0999 as a lecturer in private law. I used to be Maclay's personal lawyer at MurraySpens Law Firm.

She graduated from the University of Glasgow with a Bachelor of Laws (Honors) on 1994 (1995), and received her doctorate after a period of amateur study (2002).

Professor Karzai was appointed as a professor of private law on 20 10.

His research interests are mainly private international law/conflict of laws, especially the civil law and commercial law of the European Union, and the family law harmonization scheme including property and inheritance.

Summary of works

The legal source of Scottish private law based on the main legislation in England is supervised in Europe and all over the world.

According to the nature of private international law in Scotland, the subject scope of legislative materials is very wide, which is the same as that of the whole private international law in Scotland.

Considering the diverse sources of legislative materials, this book provides a wide selection of materials, and students and other legal workers need to obtain core materials such as regulations at any time. This book provides effective help and is a new publication in the field of Scottish law.

The fifth edition of Private International Law Legislation was published after Britain left the European Union and the withdrawal agreement signed by the European Union came into effect, but before the expiration of the transition period stipulated in this agreement.

The purpose of this book is to do two things. First, it should include the relevant legislation that must be considered from the date of publication to 2020 65438+February 3 1. Second, integrate the measures applicable in Scotland after the implementation period.

It includes British and Scottish regulations and statutory instruments, as well as EU materials and international conventions.

The new laws include 20 18 EU (Withdrawal) Act (revised in 2020) and 20 19 Hague Convention, which covers the revision of jurisdiction and family law after Britain leaves the EU in the future.

The revised provisions will be copied at the same time as the existing laws.

This book is divided into four parts.

The first part is the judicial judgment of 1920, the second part is the legal document, the third part is the information of the EU, and the fourth part is the international convention.

Catalogue of works

order

Preface to the first edition

The first part is the judicial judgment 1920, paragraphs 9, 12 and 14.

Administration of justice law 1920, paragraph 9, 12 and 14.

Foreign Judgments (Reciprocal Enforcement) Act 1933

Maintenance Order Bill 1950, para. 16- 18.

Wills Law 1963

Succession (Scotland) ActNo. 1964, para. 102- 103. Eight and nine.

Estate Administration Law 197 1, paragraph 1-6.

Maintenance Orders (Mutual Enforcement) Act 1972, paras. 1, 2, 5-9, 2 1, 25, 26 and 3 1.

Matrimonial Proceedings (Polygamy) Act,No. 1972, article 2.

Law on Domicile and Marital Proceedings 1973, sections 1, 4, 7, 8 and 8A, sections 10,1,1B, section 3, paragraphs 8 and 9.

Restrictions and Restrictions (Scotland) Act 1973, article 23.

Evidence Law (Proceedings in Other Jurisdictions) 1975, article 1.

Divorce (Scotland) Act 1976, article 3.

Marriage (Scotland) Act, 1977, section 1, sections 3-3b, sections 5, 7, 20, 20A and 22.

Unfair contract terms act 1977, article 27.

Civil jurisdiction and judgment bill 1982

Articles 28, 29 and 29A of the Law on Marriage and Family Procedure, 1984.

Child Abduction and Custody Act,No. 1985, paragraphs 1-9, 24A, paragraph 25 and paragraph 1.

Family Law Bill 1986, paragraphs 8- 15, 17- 18, 25-42, 44-52 and 54.

1987 article 1 of the trust recognition law, attached table

1990 contracts (applicable law) act 1 4 4 section 4b

1995 section 14 of the children (Scotland) act.

Private International Law (Other Provisions) Bill 1995, sections 7, 9- 15b.

Scottish bill 1998, articles 29, 30, 30A, 57, 126, article 5, paragraph 7.

Adoption (Transnational Aspects) Act, 1999, article 1, paragraph 1.

Immigration and Asylum Act, 1999, para. 106- 107. 24 and 24A.

Paragraphs 1, 85, 86, 125, 2 102 19, 225227 and 233238 of the Civil Partnership Law of 2004.

Articles 4, 22, 2529a and 384 1 of the Family Law (Scotland) 2006.

Adoption and Children (Scotland) Bill 2007, paragraphs 39, 40, 58-62, 64, 65, 67-70 and 1 19.

055-79000, 2008, Article 54

Human fertilization and embryology act

Article 9 Forced marriage, etc. (Protection and Jurisdiction) (Scotland) Act 20 1 1.

Defamation Law 20 13, para. 1, para. 9-1,para. 13, para. 15 and para. 20.

Marriage (same-sex couples) Act No.20 14, paragraphs 12 1 and 122.

Articles 4, 9- 1 1 and 28(3) of the Law on Anti-social Behavior, Crime and Security.

Marriage and Civil Partnership (Scotland) Bill 20 14, Sections I, II and IX.

Article 15 of the succession (Scotland) act no 2065438 of June 2003.

Eu (withdrawal) bill 20 18, articles 18b and 12.

Part II: Legal documents

Bankruptcy (Scotland) Act 20 16 (Temporary and Protective Measures) (Scotland) Civil Jurisdiction and Judgment Act 1982, Articles 2 and 3.

Decree 1997, procedure instruction 6B, section 3. 1.

Rules of Civil Procedure 1998, Rule 23a, Schedule 1

200 1 Article 4 of Civil Jurisdiction and Judgment

Law Applicable to Non-contractual Obligations (Scotland) Regulations 2008, Rule 4

Application of Laws (Scotland) Regulations 2009, sections 1-3, 5, 7, 8, 1 1, 12 and 13.

Adoption (Recognition of Overseas Adoption) Order 20 13

Parents' Responsibilities and Measures to Protect Children (International Obligations) (Scotland) Regulation 20 14

Civil Jurisdiction and Judgment (Hague Convention Choice of Court Agreement (Withdrawal from the EU) Regulation 2005 20 18)

Marriage (Same-sex Couples) (Recognition of Jurisdiction and Judgment) (Scotland) Regulation 20 18

Jurisdiction and Judgment (Family, Civil Partnership and Marriage (Same-sex Couples)) (Withdrawal from the EU) (Scotland) Regulation 20 19, Rules 3 and 6.

International Recovery of Maintenance (Hague Convention on International Recovery of Child Maintenance and Other Forms of Family Maintenance, 2007) (EU Withdrawal) Regulations, article 8295.

Articles 4 and 8 of Civil Jurisdiction and Judgments (Amendment) (EU Withdrawal) Regulation 20 19.

Part III: EU Information

Jurisdiction and judgment (family) (amendment, etc.). ) (EU Exit) Regulation 20 19 (Comprehensive Edition)

Treaty on the Functioning of the European Union (No.2 1) and Protocol to the Treaty on the European Union.

Council Regulation (EU) No.220 1/2003 ("Brussels bis") on marriage and parental responsibilities and the recognition and enforcement of judgments.

Regulation (Council of Europe) No.864/2007 on the law applicable to non-contractual debts (Rome II).

Regulation (EU)No. 593/2008 on the law applicable to contractual obligations ("Rome I")

Council Regulation 1259/20 10 adopted laws applicable to divorce and legal separation (Treaty on the Functioning of the European Union in Freedom, Security and Justice) to strengthen cooperation.

Regulation (EU)No. 650/20 12 on succession and making European certificates of succession.

Regulation (EU) 12 15/20 12 on civil and commercial jurisdiction and the recognition and enforcement of judgments (Brussels Regulation 12). 1).

Regulation on the Implementation of the European Union/Denmark Agreement (EU (1215/2012)

Decision 20191kloc-01kloc-01kloc-01kloc-0/(Brussels dual plan)) on jurisdiction, marital affairs and parental responsibility.

Part IV: International Conventions

See Rome III of 1980: 1985 Hague Convention on the Civil Aspects of International Child Abduction;

See Child Abduction and Guardianship Law 1986: Hague Convention on the Law Applicable to Trusts and Their Recognition 1987 (1996).

Hague Convention on Parental Responsibility and Measures for the Protection of Children, 2005

Hague Convention on Choice of Court Agreement 2007

Hague Convention on International Recovery of Child Support and Family Support in 2007

Lugano Second Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, 20 19.

Legislative index

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