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Rivista di diritto internazionale privato e processuale (RDIPP) No 4/2023: Abstracts

Conflict of Laws

The fourth issue of 2023 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. We then looked at the nature of the healthcare contract to assess whether patients can fall into the category of consumers and consequently enjoy the protection reserved to them.

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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions. Jurisdiction 2.1 276, para.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2023: Abstracts

Conflict of Laws

The respective rule invalidated marriages contracted validly according to the national law of the intended spouses if one of them was younger than 16 years of age (Art. While the decision is formally a procedural one, its most striking passages address substantive tort law. Kronke: Obituary on Jürgen Basedow (1949–2023) C.

Tort 52
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Australia’s statutist orthodoxy: High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case

Conflict of Laws

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The ship is registered in Bermuda.

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New rules for extra-territorial jurisdiction in Western Australia

Conflict of Laws

Background The rules as to service outside the jurisdiction are important to cross-border litigation in Australian courts. Whether a litigant has a judicial remedy before a court with respect to a person located outside of that court’s territorial jurisdiction will depend on that court’s rules as to service, among other things.

Tort 64
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The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. In late 2023, LSEW committed “to being net zero by 2030” in its operations.

Lawyer 119
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Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia

Conflict of Laws

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. Many passengers contracted COVID-19; some died. Background The Ruby Princess’ passengers contracted on different sets of terms and conditions (US, UK and AU). The passengers hail from Australia, and other countries.

Laws 59