Conflict of Laws

JANUARY 27, 2022

This article examines the Italian doctrine of ‘negotiation of ascertainment’ ( negozio di accertamento ), by means of which the parties put an end to a legal dispute by determining the content of their relationship by mutual consent. Since the early ’90s, Brazil has been at the forefront of consumer protection.

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Technology Legal Legal Government 98

Conflict of Laws

MAY 16, 2022

Legal and Political Economics in Comparative Perspective: the Case of Corporate Law. Hardly another area of the law has seen as much interest in comparative analysis as corporate law, in particular the publicly traded corporation. Legal details remained largely under the radar.

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Paralegal Bootcamp

NOVEMBER 17, 2023

Ashley is a Sessional Instructor for the Paralegal Studies and Office Assistant Programs at McEwen University, and she has over 16 years of experience in the legal industry. Ashley’s dedication to supporting future legal professionals shines through her teaching and mentorship.

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Paralegal Paralegals Paralegal Studies Education 147

Conflict of Laws

JANUARY 30, 2025

2024/2831 on improving working conditions in platform work, aimed at identifying its overall rationale and the aspects that most directly reverberate effects on the EU conflict-of-law rules, the article investigates its interference with Regulation (EC) No. After a brief examination of the text of the Directive (EU) No.

Procedural Law 59

Procedural Law Legal Legal Laws 59

Conflict of Laws

SEPTEMBER 4, 2023

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. Mandl: Apparent and virtual establishments reflected through Art. 5 Brussels Ia Regulation and Art.

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Conflict of Laws

DECEMBER 15, 2021

3] Conflict of laws is “ the body of law that aims to resolve claims involving foreign elements ”. [4] 4] A state or international border is therefore not required to have a conflict of laws system, [5] only different jurisdictions and laws (i.e. legal pluralism [6] ) are. Private International Law in Nigeria.

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Laws Court Procedural Law Legal 52

Conflict of Laws

FEBRUARY 26, 2024

While the process of digitalisation of judicial cooperation and cross-border procedures in the EU has been ongoing for some time already, the new Digitalisation Regulation represents a major step for advancing digitalisation practices in the EU. The Regulation will apply from 1 May 2025 – with some exceptions.

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Technology Legal Legal Procedural Law 64

Conflict of Laws

JULY 9, 2021

Following that, the real question is whether and how anti-suit injunction is compatible with Chinese law. Some argued that Article 100 of the PRC CPL provides a legal basis for granting injunctions having similar effects with anti-suit injunction at common law. [2] See Article 100, para.1 1 of the PRC CPL (2017).

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Conflict of Laws

JANUARY 18, 2024

The legal bases of the claim are therefore abuse of economic dominance in the market (Article 102 TFEU) and prohibited vertical price fixing (Article 101 TFEU). They assert that Apple’s dominant position in the market and its behavior constitute an abuse of power.

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Conflict of Laws

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In Chinese civil trial practice, there are two types of legal document to merits issued by courts that has the res judicata effect, namely Minshi Panjue Shu (“MPS”) (civil judgment) and Minshi Tiaojie Shu (“MTS”). Two commentors provide different views on this matter.

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Laws Procedural Law Court Legal 52

Conflict of Laws

FEBRUARY 27, 2022

Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International Procedural Law in Greek and other leading Universities abroad.

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Conflict of Laws

APRIL 29, 2021

I allow myself to pick up a few elements from this fascinating interview in the following for our international audience: The Tenth Panel functions as a court of first appeal ( Berufungsgericht ) in patent nullity proceedings and as a court of second appeal for legal review only ( Revisionsgericht ) in patent infringement proceedings.

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Patently O

MAY 10, 2022

The SG asserted the non-legal maxim “two wrongs make a right” to effectively conclude that the Kessler expansion error was rendered harmless by compounding errors in the court’s claim preclusion doctrine. 4] A lot has happened in procedural law 1907. 1589, 1595 (2020). [2] Lucky Brand Dungarees, Inc. 3] Kessler v.

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Manufacturing Litigation Litigating Procedural Law 58

Conflict of Laws

MAY 20, 2024

Conflict of laws and overriding mandatory provisions The role of PIL in the agenda of business and human rights has increasingly received scholarly attention. A similar provision to that effect can be found in the draft UN Legally Binding Instrument on business and human rights. This disclosure must adhere to national procedural laws.

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Conflict of Laws

MARCH 22, 2021

Readers of this blog may be interested in the book (in Chinese) entitled, The Development and Perfection of Chinese Inter-Regional Conflict of Laws: From the Perspective of the Achievements of Hague Conference on Private International Law. It should be noted that this book was published in early 2020.

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Laws Legal Legal Procedural Law 52

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

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Contract Laws Civil Law Procedural Law 52

Conflict of Laws

NOVEMBER 13, 2021

1] In the same year, the SPC published the Civil Procedural Law Interpretation, which states that the parties can make agreement on the form of hearing, including virtual hearing utilizing visual and audio transfer technology. Between Feb and July 2020, courts in Beijing conducted average 1,300-1,500 virtual hearings per day.

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Court Litigation Litigating Technology 52

Conflict of Laws

AUGUST 31, 2021

It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law (in English). vii-485.

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Laws Procedural Law Court Constitutional Law 52

Conflict of Laws

DECEMBER 16, 2020

This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. On 8-9 October 2020, ERA – the Academy of European Law – organized its Annual Conference on European Consumer Law 2020. Introduction: .

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Conflict of Laws

DECEMBER 17, 2020

Most students avoid it because of the adverse effect they think it is sure to have on their cumulative grade points average and the seeming lack of practical benefit of the subject to their future law practices. They do not know any better. Nigerian lawyers with cross border practices will find these two chapters particularly helpful.

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Laws Stare Decisis Legal Legal 52

Conflict of Laws

JULY 5, 2021

The decision also deals with questions of German procedural law. According to German procedural law, the reception of a waiver of succession is an estate matter. 88-bis Decree-Law 18/2020 (converted, with modifications, by Law 27/2020) is headed “Reimbursement of Travel and Accommodation Contracts and Package Travel”.

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Contract Procedural Law Court Laws 52

Conflict of Laws

OCTOBER 3, 2024

The term “indirect” distinguishes this concept from its legal opposite: direct jurisdiction. Indeed, despite the legal reform introduced in 2018 (see infra ), UAE courts have continued to adhere to their stringent approach to indirect jurisdiction. 968/2020 of 7 April 2021 ). 415/2021 of 30 December 2021 ).

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Conflict of Laws

JANUARY 2, 2023

Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil Procedure Law of China (hereinafter “CPL”) was enacted in 1990 and has been amended four times. All amendments made no substantive adjustments to the foreign-related civil procedure proceedings. Background. 284, para.

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Conflict of Laws

APRIL 29, 2021

I allow myself to pick up a few elements from this fascinating interview in the following for our international audience: The Tenth Panel functions as a court of first appeal ( Berufungsgericht ) in patent nullity proceedings and as a court of second appeal for legal review only ( Revisionsgericht ) in patent infringement proceedings.

Court 40

Court Legal Assistance Legal Assistant Procedural Law 40

Conflict of Laws

JUNE 2, 2022

The national case law section features the following judgments: Court of First Instance Piraeus No 3296/2020, on the appointment of an Interim Administration of a Shipping Company with a registered office abroad, with commentary by the PhD Cand. Vathrakokilis.

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Tort Procedural Law Court Laws 40

Conflict of Laws

JUNE 16, 2024

However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. Therefore, it deserves special attention.

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Conflict of Laws

JUNE 10, 2021

1541 (2020). In 2020, Shanghai Yongrun brought an action against Kashi Galaxy and Xu in New York state court, seeking to have the Chinese judgment recognized and enforced. To the contrary, a prior New York state court decision held that “the Chinese legal system comports with the due process requirements,” Huizhi Liu v.

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Court Laws Court Decisions Government 52

Conflict of Laws

FEBRUARY 26, 2025

It presents newly adopted legal instruments and summarises current projects that are making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Such a court decision can be recognised in Germany under procedural law.

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Diligence Contract Court Decisions Punitive Damages 45

Conflict of Laws

MAY 27, 2024

At the outset, the CJEU observed that the Brussels Ia Regulation is applicable to the disputes in the main proceedings as the proceedings were commenced by the insurance companies before 31 December 2020. On balance, a departure from the legal certainty provided by the extant CJEU jurisprudence was not justified.

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Court Contract Laws Contract Law 59

Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. 22 CSDDD is their mandatory nature for the purpose of private international law, which established by the ECJ for the former and is legally prescribed for the latter in Art. Common to Arts. 22 (5) CSDDD.

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Conflict of Laws

JANUARY 24, 2021

On December the 3 rd , 2020, the EU commission published a call for applications , with a view to putting forward, by late 2021, a (legislative or non-legislative) initiative to curtail “abusive litigation targeting journalists and civil society ”. Cheshire, North & Fawcett, Private International Law , 15 th ed., II, 15 th ed.,

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Laws Litigation Litigating Legal 40

Conflict of Laws

DECEMBER 4, 2024

In the editors’ words, the book aims “ to shed light on the often overlooked legal difficulties at the interface between international family law and migration law ” (p. Bettina Heiderhoff shows that Germany combines several legal institutions to ensure the protection of unaccompanied minor refugees.

Family Law 45

Family Law Laws Legal Legal 45

Conflict of Laws

NOVEMBER 1, 2021

Ever since 2009, when the German choice-of-law provisions for contracts were removed and the Rome I Regulation with its carve-out for arbitration agreements entered into force, the choice of law for arbitration agreements has been debated in Germany. The court held that the enforcement provision Article V (1) lit. 13 (3) No.

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Divorce Contract Court Legal 40

Conflict of Laws

MAY 26, 2021

First, Shell stated that the claimants abused procedural law, because the claims against Royal Dutch Shall were ‘obviously bound to fail and for that reason could not serve as a basis for jurisdiction as provided in art. 6a, enabling a choice of law for victims of business-related human rights violations. 7(1) DCCP’ (at [3.1]

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Litigation Litigating Laws Court 52

Conflict of Laws

JANUARY 14, 2021

This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. However, it has been highlighted that the legal framework on the retention of DNA material was not very precise. candidate at the University of Luxembourg.

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Data Management Laws Legal Legal 52

InHouseOps

JUNE 13, 2022

First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice. And some also have a legal background. Early on in 2020, the parties and counsel were somewhat skittish. Ours are not just lawyers. Some are scientists.

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Punitive Damages Healthcare Drafting Technology 52

Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 Brussels Ibis, Rome I-II etc.),

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