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2 Consent in Private International Law

From: Agreements on Jurisdiction and Choice of Law

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Absence of consent — Consent and the personal jurisdiction of the court — Consent and the subject-matter jurisdiction of the court — Consent in choice of law — Consent in recognition of foreign judgments — Consent in the application of foreign law — Role of consent in commercial law — Common law recognition — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions
2.01 The common law principles of private international law may be set out to show the central, fundamental, roles of consent and agreement, and may be expressed very shortly. A small number of inveterate principles run through the common law of private international law. The purpose of this book is to show what they are; the purpose of this chapter is to start with the role of consent in private international law. 2.02 It has been observed before that the common law can appear to develop more by accident than by design.1 Lawyers acting for their clients will, if...
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