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The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.As well as explaining the basic theoretical framework of the public policy exception in private international law, the book drills down into the practical application of such rules, giving an overview of these jurisdictions’ legal and policy stances on current issues including: punitive damages, surrogacy, same-sex marriage, gender-based discrimination, Islamic law, and adoption to name a few. This approach serves to highlight both the differences and the similarities in approach.Key Features:The first book to give a detailed practical treatment of the public policy exception in private international lawCoverage of 16 key jurisdictionsTwo cross-cutting chapters that work through the comparative elementsChapters written by experts in their respective jurisdictionsThe book is the first to provide systematic jurisdictional coverage of the public policy exception and will be of immense value to notaries and practising lawyers navigating their way through this complex interaction. Academics and policy makers with a special interest in private international law will also find this an excellent platform for further research.
Edited by Olaf Meyer, Faculty of Business and Law, Frankfurt University of Applied Sciences, Germany
Contents: Preface1 A Flexible System in Flux: On the Realignment of Public Policy 1Olaf Meyer2 Public Policy in European Private International Law 25Wolfgang Wurmnest3 Austria 48Bea Verschraegen and Florian Heindler4 Bosnia and Herzegovina 83Zlatan Meškić and Anita Duraković5 China 100Fang Yu and Qiao Liu6 England 120Louise Merrett7 France 162Cécile Pellegrini8 Germany 191Peter Mankowski and Svenja Langenhagen9 Hungary 224Réka Somssich10 Italy 242Pietro Franzina11 Poland 270Maciej De Abgaro Zachariasiewicz12 Portugal 300Luís de Lima Pinheiro13 Russia 319Madina Kassenova14 Spain 353Nicolás Zambrana-T.var and Alberto Muńoz Fernéndez15 Sweden 374Ulf Maunsbach16 Switzerland 390Andreas Furrer and Dirk Trüten17 Turkey 420Candan Yasan-Tepetaş18 United States 438John F. CoyleIndex
‘There is nothing more national in private international law than the public policy exception and its application. This book contains a recent account of how far legal systems are prepared to apply foreign law and to disregard their domestic private law values. A valuable tool for academics and practitioners forged by excellent authors.’
Judith Brown, Wm Roger Louis, Oxford) Brown, Judith (Beit Professor of Commonwealth History, and Fellow, Beit Professor of Commonwealth History, and Fellow, Balliol College, Oxford) Louis, Wm Roger (Kerr Professor of English History and Culture, and Distinguished Teaching Professor, Kerr Professor of English History and Culture, and Distinguished Teaching Professor, University of Texas at Austin; and Fellow of St Antony's College