Conflict of Laws

OCTOBER 31, 2024

Deuring: Gender and International Private Law – Comments on the New Article 7a of the German Introductory Act to the Civil Code Although the attribution of a specific gender to a person has become less important in the German legal order, it can still be relevant. In terms of legal policy, the trader’s recourse should be abolished.

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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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Conflict of Laws

DECEMBER 12, 2020

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

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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.

Procedural Law 69

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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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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

APRIL 26, 2021

Dickinson: Realignment of the Planets – Brexit and European Private International Law. At 11pm (GMT) on 31 December 2020, the United Kingdom moved out of its orbit of the European Union’s legal system, with the end of the transition period in its Withdrawal Agreement and the conclusion of the new Trade and Cooperation Agreement.

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Conflict of Laws

FEBRUARY 17, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Blom, Joost.

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Conflict of Laws

APRIL 20, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

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Conflict of Laws

JANUARY 11, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 187-214.

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Conflict of Laws

NOVEMBER 23, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 187-214.

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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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Conflict of Laws

FEBRUARY 16, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 187-214.

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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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Conflict of Laws

DECEMBER 7, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 187-214.

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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

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

AUGUST 31, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

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Conflict of Laws

SEPTEMBER 28, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

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Conflict of Laws

JUNE 21, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

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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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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

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

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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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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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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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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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

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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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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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

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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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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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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Conflict of Laws

OCTOBER 28, 2022

In the meantime, the regulation has become one of the most important legal instruments for judicial cooperation in civil matters. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. To solve the adaptation problem, it suffices that German law applicable according to Art.

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