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The free movement of people within the European judicial space and the integration of third-country nationals has created a considerable number of multinational family structures, that give rise to a significant number of legal disputes, leading to complex conflict of law issues.
The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedurallaw, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements.
On 20-21 March 2025, a conference on Characterisation in the Conflict of Laws was convened at St Hildas College, Oxford. This led him to discuss autonomous characterisation and functional comparative law approaches as the third direction through the work of Scipione Gemma and the changed views of Franz Kahn.
The third issue for the Journal of Private International Law for 2022 was published today. This article will consider how the law applicable to the proprietary issues of crypto-assets should be determined. Indonesian civil procedurelaw recognises choice of court agreements made by contracting parties.
On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. The European Union rules on the law that applies to liability for environmental damage, are an outlier in the private international law agenda. van Calster: Lex ecologia.
Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.
Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. However, in this article, the author takes the opposite view. 5 Brussels Ia Regulation and Art.
Ilaria Viarengo , Professor at the University Milan, The Coordination of Jurisdiction and Applicable Law in Proceedings Related to Economic Aspects of FamilyLaw. Consequently, it examines the interplay among rules on jurisdiction and applicable law, including the role of party autonomy in pursuing coordination.
Particular attention is given to the Conclusions and Recommendations of the Applicable Law Working Group, unanimously adopted by the Special Commission which, in light of the challenges encountered in the implementation of the Hague Protocol, provide guidance on the practical operation of this instrument. 13 ss 3 no 1 EGBGB).
Hay : On the Road to a Third American Restatement of Conflicts Law. American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. In Case C-490/20, V.M.A., In Case C-490/20, V.M.A.,
On 9 September 2022, the Max Planck Institute for ProceduralLaw Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. 1 in light of the principle of privity of contracts (“Relativität des Schuldverhältnisses”) and the concurrence of claims under Article 7 no.
Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedurallaws applicable to adoptions have changed quite substantively. It argues for the application of the law of the state where the register is kept.
Wolfram: Achmea – neglecting of international public law – some afterthoughts. It intends instead to throw some light on the rules of public international law on the termination of international treaties, which have not fully been taken into account by those who attempted to implement the Achmea judgment.
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