Civil Law and Drafting - Paralegal Brief

Civil Law

Drafting

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

MAY 30, 2024

The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form. The Draft Treaty is still being negotiated and amended. The Draft Treaty complements soft law in the same area, namely the UN Guiding Principles on Business and Human Rights.

Drafting

Drafting Litigation Litigating Diligence

Job Opportunity – Postdoctorand in Transnational Family Law (Swiss Institute of Comparative Law)

Conflict of Laws

SEPTEMBER 11, 2024

According to the announcement, the tasks required will be: Collecting, classifying and analyzing Swiss and foreign law, case law and relevant law and literature Aggregation and disaggregation of data, identifying variables and highlighting specific features, leading to different insights Drafting comparative reports in comparative civil law, civil (..)

Family Law

Family Law Laws Procedural Law Civil Law

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What Your Financial Statements Are Telling You—And How to Listen!

Uncovering The Hidden Connections: A Patent Family Survival Guide

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The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

Patently O

APRIL 13, 2023

The Leaked Draft Even before the official release of the EU Proposal, a significant amount of material has become publicly available.

Drafting

Drafting Court Litigation Litigating

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What Your Financial Statements Are Telling You—And How to Listen!

Uncovering The Hidden Connections: A Patent Family Survival Guide

Fresh Out of School: How to Become an Expert Paralegal

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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

DECEMBER 12, 2023

According to the draft law for the new CCA, it is no longer (only) the ministry responsible for exceeding emissions targets that is responsible for correcting course, but the entire government. That incentive function would then be gone.

Litigation

Litigation Litigating Government Court

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

However, by their very nature, implied terms offer less clarity concerning the governing law and jurisdiction agreements. The Choice of Law Analogy Implied choice of law is well-established in private international law. Globally, the interrelationship between jurisdiction and choice of law is acknowledged.

Contract

Contract Litigating Litigation Civil Law

Title: How to Sue Flipkart/Amazon: Legal Remedies for Defective Products and Poor Service

LexForti

JUNE 13, 2023

Drafting the complaint: You need to draft a complaint specifying the facts necessary to establish your cause of action. The fee can be paid via postal order or demand draft. For claims exceeding INR 1 crore and up to INR 10 crores, you may approach the State Consumer Disputes Redressal Commission.

Legal

Legal Legal Drafting Cause of Action

GEDIP Recommendation to the European Commission on the private international law aspects of the future EU instrument on corporate due diligence and accountability

Conflict of Laws

NOVEMBER 8, 2021

As the Commission will likely draw inspiration from this document, the GEDIP considered the EP Resolution when drafting its Recommendation. In order to accomplish its aim, the Instrument, in addition to a public law monitoring and enforcement system, should create civil law duties for the relevant companies.

Diligence

Diligence Laws Civil Law Drafting

Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

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

Contract Laws Civil Law Legal

Out now: Nishioka / Nishitani, “Japanese Private International Law”; Jolly / Khanderia, “Indian Private International Law”

Conflict of Laws

NOVEMBER 29, 2021

In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. For those who are particularly interested in unified or harmonized global PIL Chapter 6, still rather short (pp.

Laws

Laws Divorce Civil Law Drafting

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

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.

Contract

Contract Laws Civil Law Procedural Law

Zeitschrift für Vergleichende Rechtswissenschaft (ZVglRWiss) 122 (2023) Issue 3: Abstracts

Conflict of Laws

SEPTEMBER 6, 2023

Phänomenologie und zivilrechtliche Einordnung von Kryptowährungen und anderen Kryptowerten Dörte Poelzig und Moritz Kläsener ZVglRWiss 122 (2023) 252–268 Crypto assets have been the subject of lively discussion in German civil law literature for several years now. However, no comprehensive regulation has been enacted to date.

Civil Law

Civil Law Legal Legal Drafting

Third Issue of Journal of Private International Law for 2023

Conflict of Laws

FEBRUARY 13, 2024

To answer this question, the article explores primary and secondary sources from various jurisdictions around the world, including common law, civil law, and mixed legal systems, together with insights from experts in commercial conflict of laws.

Laws

Laws Divorce Contract Legal

The Development of forum non conveniens in the Chinese Law and Practice

Conflict of Laws

DECEMBER 16, 2024

Thirdly, no matter whether in common law jurisdictions or civil law jurisdictions, when applying the doctrines of forum non conveniens or lis pendens , the foreign courts upholding the jurisdiction is an important consideration for domestic courts to reject the exercise of ones own jurisdiction. Dr. Matthias Weller and Prof.

Laws

Laws Procedural Law Court Legal

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

Conflict of Laws

OCTOBER 9, 2023

The transfer of jurisdiction (as foreseen in those articles) is sometimes little known in some civil law States (in particular, Latin America) so these suggestions are very much welcome. The SC noted that it will be for CGAP to determine the next steps in this area (e.g., Placement or provision of care of a child (incl.

Contract

Contract Civil Law Drafting Laws

Legalities of Third-Party Funding in India: The Road Ahead

LexForti

AUGUST 9, 2021

A step taken in the right direction, “on January 10, 2017, Singapore’s parliament passed the Civil Law (Amendment) Bill No. While drafting the law related to third-party funding, authorities ensure that the factors like transparency, party autonomy, confidentiality privilege, preventing undue advantage, public policy etc.

Legal

Legal Legal Finance Litigating

Decoding International Arbitration

InHouseOps

JUNE 13, 2022

They are uniquely positioned to negotiate the clause considering the types of disputes they have seen in the past and can draft accordingly. After going through ClauseBuilder you really understand all the parameters and issues that go into drafting and fashioning your international arbitration agreement for your particular dispute.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

A European Perspective on the Federalization of Shareholders’ Rights

Fordham Law News

MARCH 24, 2021

For that reason, he proposes that to “the extent that state law will continue to provide management with control over rules-of-the-game decisions”, the adoption of shareholders’ rights should require federal intervention. 6 (‘Right to put items on the agenda of the general meeting and to table draft resolutions’). [40]

Government

Government Laws Litigating Litigation

A Guide to Common Paralegal Studies Classes

How To Become A Paralegal

APRIL 30, 2018

Introduction to Civil Procedure. This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. You’ll learn about civil law terms as well as how the civil court runs and how both of these differ from the criminal system.

Paralegal Studies

Paralegal Studies Paralegals Paralegal Legal Research

RabelsZ: New issue alert

Conflict of Laws

NOVEMBER 4, 2024

It was against this common law influence that the reform movement arose that led to the creation of the new Civil Code. Article 1 of the Code postulates Puerto Rico’s membership in the civil law family of nations, declaring civilian methods of finding and interpreting the law to be the exclusively binding approach.

Diligence

Diligence Contract Laws Legal

Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

NOVEMBER 5, 2021

This is the reason the Civil Jurisprudence emphasizes that a pleading must be carefully drafted and therefore, must contain only relevant material facts with no application of law, must not include the evidence provided to further substantiate the claim and must be in a concise form.

Diligence

Diligence Cause of Action Court Litigation

The Need for an Uniform Civil Code in the Modern India

LexForti

AUGUST 7, 2021

Every religious practice has its civil law or particular law administrating its exclusive matters such as Marriage, Divorce, Maintenance, inheritance, and succession, etc. The Major Aspects Which Fabricated The Need For An Universal Civil Law. The differences are-. UCC From The Eyes of the Constitution of India.

Divorce

Divorce Laws Civil Law Government

Out now: The Korean Journal of International and Comparative Law, Volume 12 (2024), Issue 1

Conflict of Laws

OCTOBER 30, 2024

One of the most notable outcomes of this discussion has been the creation of soft-law typed principles or proposals dealing with conflict of laws issues.

Laws

Laws Drafting Litigation Litigating

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

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>

Procedural Law

Procedural Law Litigation Litigating Laws

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

Conflict of Laws

DECEMBER 16, 2024

Drawing on the notion of complex judgments, he masterfully illustrated the carefully drafted solutions the Convention offers to address borderline cases, but also the unavoidable gaps that nonetheless exist in this regard. HCCH 1999 Draft of a Judgments Convention ). 7 (1) lit. Spains Art. 25 of the 2019 HCCH Judgments Convention.

Procedural Law

Procedural Law Punitive Damages Legal Legal

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

Job Opportunity – Postdoctorand in Transnational Family Law (Swiss Institute of Comparative Law)

Webinars

Trending Sources

The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

Webinars

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

Implied Jurisdiction Agreements in International Commercial Contracts

Title: How to Sue Flipkart/Amazon: Legal Remedies for Defective Products and Poor Service

GEDIP Recommendation to the European Commission on the private international law aspects of the future EU instrument on corporate due diligence and accountability

Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

Out now: Nishioka / Nishitani, “Japanese Private International Law”; Jolly / Khanderia, “Indian Private International Law”

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Zeitschrift für Vergleichende Rechtswissenschaft (ZVglRWiss) 122 (2023) Issue 3: Abstracts

Third Issue of Journal of Private International Law for 2023

The Development of forum non conveniens in the Chinese Law and Practice

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

Legalities of Third-Party Funding in India: The Road Ahead

Decoding International Arbitration

A European Perspective on the Federalization of Shareholders’ Rights

A Guide to Common Paralegal Studies Classes

RabelsZ: New issue alert

Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

The Need for an Uniform Civil Code in the Modern India

Out now: The Korean Journal of International and Comparative Law, Volume 12 (2024), Issue 1

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

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