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Abduction See Children Actions in Personam Bases of Jurisdiction, 47 Administration of Estates Country Reports, 296–306 Genera Cambridge University Press 978-0-521-19969-8 - Private International Law in Commonwealth Africa Richard Frimpong Oppong Index More information INDEX abduction see children see also jurisdiction agreements actions in personam arrest bases of jurisdiction, 47 peregrinus defendants, 71–2, 84 administration of estates attachment of property country reports, 296–306 actions between peregrines, 70 generally, 296 amenability to, 86 international conventions, 306 application for, 69–71, 73, 82, 85 jurisdiction, 306–7 avoidance of, 87–8 letters of administration as basis of jurisdiction, 78–9 effect, 310 categories of attachable property, exclusion of foreign law, 23–4 76 jurisdiction, 306–7 consent to jurisdiction as alternative, personal representatives 70–3, 79–82, 84 consular officers as, 309 constitutionality, 86–7 selection, 309 court’s discretion as to, 83–4 probate doctrine of effectiveness, 69, 78, 81 effect, 310 effect on third parties, 86 jurisdiction, 306–7 excluded forms of property, 76–7 re-sealing of grants, 307–9 human rights, 86–7 proof of foreign law, 14 immunity from, 84–5 see also succession jurisdiction see jurisdiction adoption see children lex causae and, 7–8 Africa money claims, 70, 74–5 as study field, lix–lx proof of attachable interest, African regional economic community 75–6 courts see international proof of prima facie cause of action, judicial assistance 77–8 applicable law proof of right to claim, 75 ascertainment of, 12–23 purpose of, 84 question of meaning, 3 for satisfaction of judgment, 82 arbitration see foreign arbitration submission to jurisdiction as awards; New York alternative, 70–3, 79–81, 84 Convention value of property, 77 arbitration agreements generally, 91 separability from main agreement, bankruptcy 110–11 country reports, 264–73 478 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19969-8 - Private International Law in Commonwealth Africa Richard Frimpong Oppong Index More information index 479 jurisdiction, 274–5 New York Convention, 405 recognition of foreign proceedings proof of foreign law, 12–13 and representatives, 275–6 property, jurisdiction, 257 statutory regimes, 273 remedies, 425 trustee, 274 stay of proceedings, 91–2 bills of exchange succession country reports, 168–77 revocation of wills, 286–7 issues generally, 168 validity of wills, 278–9 statutory regimes, 177–8 taking of evidence for foreign courts, bond holders 445–7 relief, and lex fori,8 Botswana administration of estates, 296 capacity arbitration agreements, 92 contractual capacity, 142–6 bankruptcy, 264–5 invocation of jurisdiction, bills of exchange, 168–9 126–7 capacity to invoke jurisdiction, carriage by sea and carriage by air 126–7 contracts for, 134–5 children limitation of contracting party custody, 235 autonomy, 141–2 legitimacy and legitimation, cause of action 245 statute extinguishing, distinction choice of law, conceptual issues, 4 between substance and decline of jurisdiction, 91–2 procedure, 10–11 diplomatic immunity, 112–13 characterisation domicile of dependency, 39 approaches to, 6 domicile of origin and of choice, country reports, 4–6 27–8 decisions as to, 4–5 enforcement of foreign judgments domain of, 3 final judgments, 331 judgments as ‘governmental’ or jurisdiction, 318–19 ‘commercial’ acts, 349–51 res judicata, 335 problems as to, 6–7 against states, 332–48 children statutory regime, 358–60 abduction, Hague Convention cases, foreign arbitration awards, 405 240–4 grounds of jurisdiction, 68–71 adoption insolvency, 264–5 choice of law, 230–1 international judicial assistance, country reports, 221–9 445–7 international conventions, lis alibi pendens,92 229–30 marriage interventions to secure best property rights, 186–7 interests of child, 231 recognition of foreign decrees, jurisdiction, 230 200–1 lex adoptionis, 232 matrimonial causes recognition, 231 enforcement of foreign recognition of foreign orders, maintenance orders, 206–7 231–2 jurisdiction, 190–1 statutory regimes, 229 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19969-8 - Private International Law in Commonwealth Africa Richard Frimpong Oppong Index More information 480 index children (cont.) private international law contrasted, custody 12 application types, 239–40 competent jurisdiction of foreign court best interests of child (welfare res judicata, 338–40 principle), 240 conflict of laws see private international country reports, 235–9 law domicile, 39–42 connecting factors issues generally, 221 role of, 27 legitimacy and legitimation constitutional law basis of jurisdiction, 249 attachment of property, 86–7 continuing legitimacy after parents’ defences against enforcement and marriage voided, 250–1 recognition of foreign country reports, 245–8 judgments, 347 domicile, 249–50 consular officers equal treatment, 248–9 diplomatic immunity see diplomatic surrogacy agreements immunity as contract, 232, 234 as personal representatives, 309 legal basis, 232 consumer contracts lex fori, 234 limitation of party autonomy, 139 recognition, 233 contracts status of child born under, 234 application of proper law, 138–41 statutory regimes, 232–3 ascertainment of applicable law unilateral conflicts rule, 233–4 country reports, 131–4 choice of law generally, 134 characterisation see characterisation capacity conceptual issues generally, 3 country reports, 142–3 incidental question see incidental lex domicilii, 144–5 question lex loci contractus, 144–6 lex situs see lex situs lex loci solutionis, 144 renvoi see renvoi carriage by sea and carriage by air, see also applicable law; domicile; 134–5 foreign law; see also under change of governing law, 136–7 specific topics choice of law Civil Procedure Rules implied, 135–6 service out of jurisdiction, 49, 54–6 issues generally, 131 claims upholding of, 137 ranking, 9 executed or performed abroad, recognition, 9 jurisdiction, 49, 54, 63–4, recovery, 9 66 classification see characterisation factual connections as to proper law, companies 137–8 capacity to invoke jurisdiction, formal validity 126–7 country reports, 142–3 foreign company jurisdiction, 73 generally, 145–6 residence, 56, 59–60, 65–6 interpretation, 148 winding up of foreign company, lex domicilii, 144–5 275 lex loci solutionis, 144 comparative law made through agent, jurisdiction, 53 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19969-8 - Private International Law in Commonwealth Africa Richard Frimpong Oppong Index More information index 481 more than one proper law, 136–7 domicile party autonomy acquisition of limitations on, 138–42 illegality of residence as bar to, upholding of, 135 37–8 performance proof of, 37 country reports, 146–8 time of, 38–9 scope of applicable law, 142 as connecting factor, 27, 36–7 substantive considerations as to country reports, 39–42 proper law, 138 of dependency, 39–44 surrogacy agreements, 232–4 independent, 43–4 conventions see Hague Conventions; lex fori and, 37 ICSID Convention; New more than one, 38 York Convention; Vienna nationality distinguished, 28–9 Convention on Diplomatic of origin and of choice, 27–39 Relations as question of fact, 35–6 costs residence distinguished, 28–9, 31–2 estimation, and lex fori,8 test of intent, 37–8 security see security for costs see also under specific topics custody see children edictal citation debtors service out of jurisdiction, 73, 81, 83, residence, 56 89–90 see also bankruptcy; insolvency effectiveness, doctrine of default judgments jurisdiction, 81 defences against enforcement and employment contracts recognition of foreign limitation of party autonomy, judgments, 345–6 139–41 finality, 335 enforcement of foreign adoption orders defendants see children, adoption arrest, 71–2, 84 enforcement of foreign arbitration peregrinus defendants, 69–71, awards see foreign arbitration 84–5 awards diplomatic immunity enforcement of foreign judgments and country reports, 112–21 orders see foreign judgments extension to international estates organisations, 123–4 administration see administration of generally, 112 estates restrictive or absolute doctrine, 123 sequestration see bankruptcy sovereign immunity distinguished, succession see succession 122 estimation of costs Vienna Convention on Diplomatic lex fori and, 8 Relations, 121–2 evidence waiver, 124 sufficiency of, and lex fori,9 divorce taking for foreign courts independent domicile, wife’s, 39–40, application by authorised persons, 42–3 454 proof of foreign law, 19–20 country reports, 445–53 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19969-8 - Private International Law in Commonwealth Africa Richard Frimpong Oppong Index More information 482 index evidence (cont.) international conventions international arbitral tribunals, generally, 397 453 New York Convention see New international conventions, 453 York Convention procedure for, 454 status of, 397–8 reciprocity, 453–4 limitation of actions, 420–2 statutory regimes, 453 foreign companies see companies transmission of dispositions, 454 foreign currency, foreign judgments in, exchange control 351–2 enforcement, exclusion of foreign foreign currency obligations law, 25 conversion date, 166 exchange rates country reports, 154–62 foreign currency obligations, 165–6 decline of jurisdiction, 164 execution of judgments exchange rate, 165–6 foreign currency obligations, 165 execution of judgments, 165 expert evidence exercise of jurisdiction, 165 proof
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