Chapter

Cover Clarkson & Hill's Conflict of Laws

1. Introduction  

Jonathan Hill

law rule, the essential validity of the will was governed by French law as the law of her domicile at her death. Russell J took this to mean that he must decide the case as a French court

Chapter

Cover Clarkson & Hill's Conflict of Laws

7. Marriage  

Jonathan Hill

applied Italian law. 7.92 These two cases appear to be the only reported cases where renvoi has been used in the context of formal and essential validity of marriage. However, the doctrine

Chapter

Cover Clarkson & Hill's Conflict of Laws

9. Property  

Jonathan Hill

the intended matrimonial home test to the essential validity of a marriage in prospective situations 89 are not likely to arise in cases involving disputes over matrimonial property

Chapter

Cover Clarkson & Hill's Conflict of Laws

2. Civil jurisdiction  

Jonathan Hill

connections with other countries does not automatically take the case outside gateway (15). 401 For example, it is not essential that the defendant acquired the knowledge upon which a claim

Chapter

Cover Clarkson & Hill's Conflict of Laws

3. Foreign judgments  

Jonathan Hill

facts of the case accurately. 219 Unless recognition of the foreign judgment would constitute a breach of a fundamental principle or of a rule of law regarded as essential in the legal

Chapter

Cover Clarkson & Hill's Conflict of Laws

4. Contractual obligations  

Jonathan Hill

– 6.100. 139 See, eg, Case C–90/97 Swaddling v Adjudication Officer [1999] ECR I–1075; Case C–523/07 Re Proceedings Brought by A [2009] ECR I–2805; Case C–497/10 Mercredi v Chaffe

Chapter

Cover Clarkson & Hill's Conflict of Laws

6. Domicile, nationality, and habitual residence  

Jonathan Hill

acquired. In such cases it seems more apt to say that only presence in a country is required for acquisition of a domicile of choice. Indeed, because of such cases, the Law Commission

Chapter

Cover Clarkson & Hill's Conflict of Laws

8. Matrimonial causes  

Jonathan Hill

pending in non-Member States. But these cases were all decided before the Court of Justice’s decision in Owusu v Jackson. 63 This case established the principle that, where the