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Articles for the keyword(s) "Nationality"

"Nullity and Divorce: Recognition in New Zealand of English Decrees and Recognition in England of New Zealand Decrees"

PRH Webb, 1966

In this article hypothetical fact scenarios are used to illustrate: (1) the application of the New Zealand “codified” regime regarding the recognition of foreign divorce, dissolution and nullity decrees (Matrimonial Proceedings Act 1963, s 82) to the recognition of English decrees by New Zealand courts; and (2) the recognition of New Zealand decrees by English courts according to the non-statutory English regime. The author submits that the New Zealand codification could be a useful source of reference for possible law reform in this area of English law.

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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission's Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.

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"Reform in the Private International Law of Divorce: A Comparative Study of Two Recent Codes"

BD Inglis, 1958

This article presents an in-depth comparative analysis of two draft codes: the Royal Commission’s Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) and the Draft Family Code (Israel). The author focuses on the comparative insights that may be gained from the Israeli Draft Code in regard to the concept of domicile, jurisdiction in divorce and nullity suits, as well as the recognition of foreign marriages and divorces.

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"Reforming New Zealand’s Conflicts Process: The Case for Internationalisation"

Campbell McLachlan, 1984

This article calls for the adoption of an internationalist approach in developing the discipline of private international law in New Zealand. With reference to trans-national custody disputes and international child abduction, the author illustrates the need for internationally agreed solutions in order to secure conflicts justice for individuals caught up in trans-national family disputes. New Zealand should participate in the work of Hague Conference on Private International Law and contribute to the development of uniform private international law rules.

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"The Concept of Characteristic Performance and the Proper Law Doctrine"

Nicky Richardson, 1989

This article discusses the concept of “characteristic performance” in relation to the Rome Convention on the Law applicable to Contractual Obligations 1980. The author explores the value of this concept with reference to Anglo-Common Law, and concludes that the concept of “characteristic performance” will do little to assist the court in determining the legal system that has the closest and most real connection with the contract.

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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission’s Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.