Foreign Law in Civil Litigation A Comparative and Functional Analysis Oxford Private International Law Series

This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas. The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.

General Introduction, PART ONE: FOREIGN LAW AT THE TRIAL LEVEL, 1: Introductory: The Decision-making Process in Civil Litigation with Comparative Perspectives, 2: A Comparative and Functional Analysis,. Part 1:- The Introduction of Foreign Law,. Part 2:- The Ascertainment of Foreign Law, 3: Principle and Policy,. Part 1:- The Nature of the Judicial Process and of the Choice-of-Law Theories,. Part 2:- Pragmatic and Economic Considerations, PART TWO: FOREIGN LAW AT THE REVIEW LEVEL, 4: Introductory: Final Review - Cassation, Revision, and Appeal Compared, Introduction,. Part 1:- Cassation,. Part 2:- Revision: The German Bundesgerichtshof,. Part 3:- Appeal, Conclusion, 5: A Comparative and Functional Analysis, Introduction,. Part 1:- Judicial Refusal,. Part 2:- Judicial Recognition,. Part 3:- Legislative Refusal, Conclusion, 6: Principle and Policy, Introduction,. Part 1:- The Trial Level's Fact- and Law- Approaches to Foreign Law,. Part 2:- Functions and Functioning of the Courts of Last Resort, Conclusion, 7: Final Conclusion: Towards an Open Attitude Regarding Foreign Law

Sofie Geeroms is Staff Legal Adviser at the Swiss Institute of Comparative Law. She is a qualified Belgian lawyer and was recently awarded her doctorate at the University of Leuven.