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Thomale: Ipso facto clauses in cross-border cases (German) Ipso facto clauses or bankruptcy clauses present a controversial problem to both contract law and insolvency law. While the parties had chosen Dutch law to be applicable to the contract, the court held that the German provision was applicable in view of Art.
Albausy ( Case C-187/23 issued on January 25, 2025) evolves around the question of competence to submit a request for preliminary ruling under the Succession Regulation (Regulation 650/2012 on matters of succession and the creation of a European Certificate of Succession).
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