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Jurisdiction is a fundamental aspect of Nigerian procedurallaw. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. The defendant/appellant appealed but it was not successful.
The determination of the law applicable to limitation is a complex exercise. The different characterization of limitation as a procedural or substantive issue adds more to the complexity. The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedurallaw.
And even after the Supreme Court’s virtual elimination of federal common lawcauses of action claims under state or foreign law remain possible, though they may entail complex choice-of-law issues. Samtleben: Paraguay: Choice of Law in international contracts. Unlike the Principles, however, Law No.
The conferences topic, characterisation, is the process for identifying the nature or category of a particular cause of action (for instance contractual, tortious, proprietary, corporate, matrimonial), so that the correct connecting factor can be employed which then points to the applicable law or to the competent court.
Danda: The concept of the weaker party in direct actions against the insurer. A/S the CJEU iterates on the principle expressed in Recital 18 Brussels I bis Regulation that in cross-border insurance contracts only the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules.
Writing on the importance of a private international law system that responds to the interests of Africa, Dr Okoli observed that with growing international trade with Africa comes an inevitable rise in disputes among contracting parties conducting trade on the continent. [4]
Law applicable to contracts for the supply of digital content and digital services This article shows that Directive (EU) 2019/770 on contracts for digital content and services does not harmonise perfectly with the existing EU conflict of laws. Regarding consumer contracts, Art.
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