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5 Parties to Litigation

James J. Fawcett

From: Substance and Procedure in Private International Law

Richard Garnett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2020

Subject(s):
Scope of the law applicable under the Rome II Regulation — Fatal accident cases — Representative actions — Subrogation — Vicarious liability — Contribution and indemnity — Capacity of parties
A number of distinct choice of law issues arise in the context of determining the status of parties to proceedings. The topic of parties is therefore an area which may not be neatly analysed in terms of the substance / procedure distinction as other choice of law rules and laws are often involved. 5.01 The first matter to consider is whether the claimant or defendant has separate legal personality and capacity to sue and be sued. This matter is governed in most legal systems by the law of the entity’s domicile or country of formation or creation.1 So in Chaff and...
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