Scientific article
OA Policy
English

Rediscovering the Principle of Comity in English Private International Law

Published inEuropean review of private law, vol. 26, no. 3, p. 311-340
Publication date2018
Abstract

Academically speaking, comity is all but dead. Cold-shouldered by the literature, the principle has become known as little more than a useless relic of the past. But a review of the case law tells a very different story. Comity thrives in the judicial decisions of English courts, which suggests that, in particular areas of law, comity is alive and well. In light of the disjunct between the literature and judicial practice, this article seeks to shed new light on the role of comity in English private international law. Ultimately, it seeks to unbridle comity’s legal potential and reposition it as an important principle of English private international law worthy of further academic research.

Citation (ISO format)
SCHULTZ, Thomas, MITCHENSON, Jason. Rediscovering the Principle of Comity in English Private International Law. In: European review of private law, 2018, vol. 26, n° 3, p. 311–340. doi: 10.54648/erpl2018025
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Journal ISSN0928-9801
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