Conflict of Laws

AUGUST 29, 2024

Spanning 226 pages across six chapters, the book aims to be the leading English-language text on private international law in Indonesia. Indonesia, a civil law country, has legal principles influenced by Dutch traditional private international law, owing to its colonial history.

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Conflict of Laws

JULY 6, 2022

A look at traveling judges’ backgrounds suggests that traveling judges might be a phenomenon limited to common-law countries, but only half of hiring jurisdictions are in common law states. Common law courts may be especially amenable to traveling judges.

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Court Civil Law Litigation Litigating 97

JURIST

SEPTEMBER 26, 2022

Judge O’Leary has a Bachelor of Civil Law from University College Dublin and a PhD from the European University Institute in Florence, Italy. She is due to take up office on 1st November 2022, for a two-year term of office, taking over from her predecessor Judge Robert Spano from Iceland.

Civil Law 104

Civil Law Court Laws Lawyers 104

JURIST

OCTOBER 25, 2023

The Peruvian civil code traditionally did not allow fathers to register their children without revealing the identity of the mother, a situation that violated the right of equality.

Court Rules 118

Court Rules Court Civil Law Legal 118

Conflict of Laws

DECEMBER 4, 2023

The enactment was accompanied by amendments to the Rules of Court 2021, Singapore International Commercial Court Rules 2021 and Family Justice Rules 2014. Service of Singapore process through the Convention will help ease the procedure in civil law countries, which may view service of foreign process as raising sovereignty issues.

Civil Law 69

Civil Law Contract Court Rules Court 69

Conflict of Laws

AUGUST 27, 2024

The book examines 15 Asian jurisdictions, representing a variety of legal systems, including civil law (China, Taiwan, Japan, South Korea, Vietnam, Cambodia, Indonesia, and Thailand), common law (Hong Kong, Singapore, Malaysia, Myanmar, and India), and mixed jurisdictions (Philippines and Sri Lanka).

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Laws Civil Law Legal Legal 64

SimplyLawJobs

MAY 24, 2021

It covers different aspects of public and civil law in the UK. The guests include law professors, legal specialists, and professionals. 5) More From Law. She teaches criminal law and blogs about different legal topics – from getting a law degree to fun facts and resources. « Older Entries.

Legal 95

Legal Legal Entertainment Freelance 95

Conflict of Laws

JUNE 26, 2021

They also look into conflict of law questions arising in arbitration and assess China’s involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. May 2021 | 9781509924370 | 352pp | Hbk | RSP: £130. Discount Price: £104.

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Laws Civil Law 52

Conflict of Laws

NOVEMBER 8, 2021

Written by Hans van Loon, a member of GEDIP and former Secretary General of the Hague Conference on Private International Law (HCCH). Meanwhile, however, on 10 March 2021 the European Parliament adopted a Resolution “with recommendations to the Commission on corporate due diligence and corporate accountability” [2]. 2] [link]. [3]

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Conflict of Laws

JUNE 30, 2022

As a landmark judicial policy issued by China’s Supreme People’s Court, the 2021 Conference Summary provides a detailed guideline for Chinese courts to review foreign judgment-related applications, including examination criteria, refusal grounds, and an ex ante internal approval mechanism. However, this situation is now changed.

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Conflict of Laws

JANUARY 25, 2021

This feedback period is open until 5 February 2021 (midnight Brussels time) and may be provided by clicking here. Last week, the EAPIL blog published a post on the EU feedback period on modernising judicial cooperation between EU countries – use of digital technology (see here ). A possible future type of act is a proposal for a regulation.

Technology 52

Technology Civil Law Legal Legal 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. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules. 2] Penasthika (ibid). [3] 4] Penasthika (n 1), 179.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

NOVEMBER 20, 2022

A review of this case law collection discloses an interesting phenomenon affecting the CISG’s Chinese application: at least, until very recently. 142(2) General Principles of the Civil Law , Australia’s CISG implementing Acts still ostensibly frame the treaty’s local application in terms of inconsistency. Pursuant to Art.

Contract 52

Contract Laws Civil Law Legal 52

Conflict of Laws

JULY 10, 2023

In October 2021, the Maastricht European Private Law Institute (M-EPLI) organised a Roundtable on the recognition and enforcement of punitive damages across the globe. Experts from different continents reflected on the current position in their jurisdiction(s) and exchanged their understandings and ideas in the Roundtable.

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Punitive Damages Civil Law Laws Legal 52

Conflict of Laws

OCTOBER 9, 2023

One of the key documents prepared for the meeting is the Global Report – Statistical study of applications made in 2021 under the 1980 Child Abduction Convention , where crucial information has been gathered about the application of this Convention during the year 2021. Placement or provision of care of a child (incl.

Contract 64

Contract Civil Law Drafting Laws 64

Conflict of Laws

FEBRUARY 10, 2022

The EU Commission’s Proposal of 1 December 2021 outlines, in its introductory Recitals: “Efficient cross-border judicial cooperation requires secure, reliable and time-efficient communication between courts and competent authorities.

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Court Legal Legal Civil Law 98

SimplyLawJobs

JUNE 25, 2021

Known in the entire world for its top-notch learning experiences, you can study civil law or criminology. by RoxanneB | Jun 25, 2021 | Careers Advice Are you looking for the best universities to study in and become a great lawyer? Each of them has law universities you can study in, but not all can make you a.

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Conflict of Laws

MARCH 30, 2021

Andreas Bucher (last updated 2021): www.andreasbucher-law.ch ; Umbricht attorneys (2017): www.umbricht.ch/de/schweizerisches-internationales-privatrecht-iprg 1294 (1990), 1295 , “Translation of Legal Texts: Three English Versions of the Swiss Federal Statute on Private International Law”). Walter König, 11 Mich.

Legal 52

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ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough.

Litigation 75

Litigation Litigating Laws Tort 75

Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ).

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Conflict of Laws

FEBRUARY 5, 2024

We translated the press announcement as follows: Background and Significance of the Interpretation People’s courts face the important issue of how international treaties and international practices are applied domestically in foreign-related civil and commercial trials.

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Court Construction Contract Laws 69

Conflict of Laws

MARCH 22, 2022

Since its founding in 1949, the PRC have undertaken numerous endeavors to codify its civil law, which finally culminated in this codification. With the Civil Code’s implementation on January 1st, 2021, the leges speciales, which had been drawn upon as essential basis for the seven books of the Civil Code, were replaced by the latter.

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Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. He argued that punitive damages seem to be one of the few legal institutions showing a sharp contrast between common law and civil law jurisdictions.

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Punitive Damages Compensatory Damages Tort Civil Law 59

Conflict of Laws

DECEMBER 12, 2020

In case no choice-of-law rules existed at that time, the Private International Law Act may be resorted to in order to determine the applicable law. 16] See Zhengxin Huo, ‘Two Steps Forward, One Step Back: A Commentary on the Judicial Interpretation on the Private International Law Act of China’ (2013) 43 HKLJ 685, 710. [17]

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

JUNE 16, 2024

However, nothing prevents derogating from this principle by concluding international conventions or enforcing the civil law component of foreign judgments rendered by criminal courts in criminal proceedings, which orders the payment of civil compensation. xx] Briggs, supra n (17).

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Conflict of Laws

MARCH 15, 2022

At the time of the trial court’s decision, the 1962 Uniform Act governed in New York, but it was superseded by the 2005 Uniform Act on June 11, 2021. In nine additional states, its predecessor, the 1962 Uniform Foreign Money-Judgments Recognition Act , remains in effect. On this, the Appellate Division was clearly correct.

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Conflict of Laws

JULY 9, 2021

18] Interestingly enough, Germany, a typical civil law country, and other EU countries have also seemingly taken a U-turn by starting to issue anti-anti-suit injunctions in international litigation in response to anti-suit injunctions made by other foreign courts, especially the US court. [19]. 2019) Zui Gao Fa Zhi Min Zhong No.732,

Court 52

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Conflict of Laws

JUNE 26, 2024

Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. 8/2022 of 1 February 2022) to foreign Muslims. In that case ( Appeal No.

Divorce 52

Divorce Laws Court Contract 52

Conflict of Laws

JANUARY 30, 2024

Midori NARAZAKI, Climate Change Litigation and Private International Law: Review of the Hague District Court’s Judgment against Royal Dutch Shell Abstract: This paper analyzes a landmark decision by the District Court of The Hague on May 26, 2021, ordering Royal Dutch Shell to reduce its greenhouse gas emissions by 45% by 2030.

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Laws Divorce Legal Legal 59

Conflict of Laws

JULY 14, 2022

Additionally, under the common law, a “judgment” is an order of court which gives rise to res judicata. On the contrary, the Assistant Registrar in Shi Wen Yue v Shi Minjiu and another specifically pointed out that “a common law court must be conscious of the unexamined assumptions and biases of the common law”.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

OCTOBER 21, 2022

In June 2021, Pesaro commenced legal proceedings in Italy seeking to unwind or set aside these transactions. Dexia then brought an action in England to establish the transactions were valid, lawful and binding on the parties. A central question of the dispute was the law applicable to the contract.

Contract 52

Contract Court Laws Government 52

LexForti

NOVEMBER 5, 2021

Scope and Extent of Amendment of Pleadings, [link] (last visited Oct 10, 2021). The Code of Civil Procedure, 1908, Order VI Rule 1. The Code of Civil Procedure, 1908, Order VI Rule 16. 9] The Code of Civil Procedure, 1908, Order VI Rule 16. [10] 10] The Code of Civil Procedure, 1908, Order VI Rule 18. [11]

Diligence 52

Diligence Cause of Action Court Litigation 52

LexForti

JUNE 2, 2022

Nevertheless, taking into account the importance of the place in International arbitration, proposals were made for legitimizing TPF which was finally accepted and started to take shape in 2017 through a new framework for TPF which included the “Civil Law (Third-Party Funding) Regulations 2017. 12] Union of India v. 61–83 (2018). [29]

Finance 52

Finance Litigation Contract Litigating 52

ClimateChange-ClimateLaw

DECEMBER 12, 2023

Unlike in the 2021 landmark ruling in Neubauer et al. Moreover, the case illustrates how contested some elements of Germany’s climate transformation have been since the 2021 Neubauer decision. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA).

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Litigation Litigating Government Court 142

The Crime Report

JUNE 25, 2021

The degree to which “conscious or unconscious bias” might influence application of these standards in particular cases would be particularly hard for an outsider to gauge, given the highly opaque and even secretive OPA process, which the report says “mirrors to some degree the inquisitorial system utilized in civil law countries.”.

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Attorney Civil Law Statute Legal 78

Conflict of Laws

OCTOBER 14, 2024

1] See Zhou Qiang, ‘Explanation on the Civil Procedure Law of the People’s Republic of China (Draft Amendment)’ ( National People’s Congress of the PRC Website , (27 February 2021) <www.npc.gov.cn/npc/c2/c30834/202112/t20211227_315637.html> npc/c2/c30834/202112/t20211227_315637.html>

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Conflict of Laws

JUNE 27, 2021

This understanding of legal filiation is however relatively recent in France and is in contradiction with the civil law approach to filiation based on individual will.

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