Full Description
The book, which systematically analyzes private international law rules contained in the Colombian legal system, contributes to the study and knowledge of this legal field, and also has a positive impact on its practical application. In addition, attention is given to the need for a special legislation that not only fits the Colombian reality and takes into consideration the evolution of private international law in Latin America. The book appeals to a worldwide audience. It enables readers to better understand how private law deals with a variety of situations in the Global South. Such situations can be linked to virtually all global phenomena, including at least two: cross-border migration and international trade. Regarding this, Colombia stands out in Latin America because, although it has traditionally been the origin of many migrants, in recent years it has also come to play an important role as a destination and transit country for migrants from different regions. In addition,Colombia's economic growth has led it to become part of several international trade agreements, for example, with the Andean Community, Venezuela, Mexico, MERCOSUR, Chile, the Northern Triangle, which includes Guatemala, El Salvador and Honduras, and also with Canada, the European Free Trade Association (EFTA), the United States, the European Union, South Korea, Costa Rica and the Pacific Alliance, of which Chile, Colombia, Mexico and Peru are members. All this, while resulting in an increase in situations with foreign elements that must be dealt with by national authorities, makes it unavoidable to know the Colombian private international law to know the legal landscape of the region in relation to global issues that currently must be addressed worldwide. Thus, the book is of interest to students in different countries. They find in it a guide to understand the theory and dogmatics of private international law in Latin America and Colombia. The academic relevance of the book is alsoreflected in its usefulness for scholars working in private international law and comparative law. It allows for an in-depth study of the problems that underly private international law in this part of the Global South. It is structured and written in such a way that it can be used as a textbook in undergraduate and graduate courses in subjects such as comparative law, private international law, international contracts, international trade, and international movement of persons and goods.
Contents
1. Introduction.- Part I: Introductory Notions.- 2. Colombian Private International Law: Three Dimensions, One Perspective.- 3. Private International Law and Comparative Law: A Colombian Approach.- 4. An Introduction to the Private International Law of the Latin American Countries Today.- Part II: International Procedural Law.- 5.International Jurisdiction in Colombia.- 6. International Judicial Cooperation in Colombia.- 7. Extraterritorial Effect of Judgments in Colombian Private International Law.- Part III: Applicable Law: Cross-Cutting Questions.- 8. Sources and Methodological Plurality of Private International Law in Colombia.- 9. Application of Foreign Law in Colombia.- 10. General Institutions in Colombian Private International Law.- Part IV: Property.- 11. Property Rights in Colombian Private International Law.- 12. International Intellectual Property Contracts in Colombia: Applicable Law and Dispute Resolution.- Part V: Persons and Family.- 13. Natural Persons in Colombian Private International Law.- 14. Marriage and Marital Unions in Colombian Private International Law.- 15. International Family Law in Colombia.- Part VI: Commerce.- 16. Private International Law and Colombian Business Associations Law.- 17. A New Beginning for Negotiable Instruments.- 18. The Lex Mercatoria Method: Addressing International Private Cases Beyond Conflict of Laws.
