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Articles for the keyword(s) "Private-law status"

"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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"Case and Comment: In re Marshall"

BD Inglis, 1957

The author criticises the position adopted by the English court that, in order for a child adopted overseas to succeed under an English will, the child must have succession rights under the law governing the adoption. It is submitted that the foreign law, governing the adoption, should determine the child’s status (legitimate or not), while issues relating to the construction of the will is governed by English law. The author points out that the position of a child adopted overseas has been assimilated with that of a child adopted in New Zealand through statute

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"Jurisdiction in Nullity"

A Hiller, 1963

These articles present an in-depth survey of English common law, statutory law and case law in regard to jurisdiction in nullity actions. In a brief note annexed to the articles, the author pleads for a restrictive interpretation of the relevant New Zealand statutory provisions so that the English common law rules pertaining to jurisdiction in nullity suits would still apply.

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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.