Conflict of Laws

OCTOBER 12, 2022

However, the two original defendants failed to fulfill their liability for repayment as agreed while the Plaintiff has performed the contract obligations. Applicable Law to Limitation Period for Enforcement. Y was a guarantor in favour of the plaintiff.

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Court Procedural Law Laws Legal 98

Conflict of Laws

JUNE 27, 2022

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.

Contract 40

Contract Procedural Law Laws Legal 40

Conflict of Laws

OCTOBER 28, 2022

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 procedural laws applicable to adoptions have changed quite substantively. It argues for the application of the law of the state where the register is kept.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

MAY 16, 2022

Legal and Political Economics in Comparative Perspective: the Case of Corporate Law. Hardly another area of the law has seen as much interest in comparative analysis as corporate law, in particular the publicly traded corporation. 327–363, DOI: 10.1628/rabelsz-2022-0029. Legal details remained largely under the radar.

Procedural Law 52

Procedural Law Legal Legal Laws 52

Conflict of Laws

APRIL 26, 2021

Dickinson: Realignment of the Planets – Brexit and European Private International Law. The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. The payment of such road tolls can be organized either under public or under private law.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

SEPTEMBER 4, 2023

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.

Procedural Law 69

Procedural Law Court Legal Legal 69

Conflict of Laws

JULY 5, 2021

Choice of law by the testator is particularly important and a notary should point not only at the present situation, but also at possible developments in the future. The position of the surviving spouse under § 1371 BGB in German law has become a highly debated subject and here the aspect of free movement of persons is highlighted.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

SEPTEMBER 7, 2022

Less dealt with is the issue of selecting an appropriate ground for jurisdiction, which is not governed by the mentioned Regulation. Ilaria Viarengo , Professor at the University Milan, The Coordination of Jurisdiction and Applicable Law in Proceedings Related to Economic Aspects of Family Law.

Family Law 52

Family Law Divorce Procedural Law Laws 52

Conflict of Laws

JANUARY 27, 2022

Mariottini (Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law), The Singapore Convention on International Mediated Settlement Agreements: A New Status for Party Autonomy in the Non-Adjudicative Process. Cristina M. Observatory on Legislation and Regulations.

Technology 98

Technology Legal Legal Government 98

Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. This is a synopsis of an article published in the Herald of Civil Procedure Law Journal N 1/2021 in Russian). 40-39791 / 2018.

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Court Legal Legal Real Estate 75

Conflict of Laws

SEPTEMBER 14, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In 2005, China signed the U.N.

Drafting 49

Drafting Court Laws Government 49

Conflict of Laws

OCTOBER 27, 2021

(This post is provided by Zeyu Huang, who is an associate of Hui Zhong Law Firm based in Shenzhen. degree from the Renmin University of China Law School. at the Faculty of Law in University of Macau. Mr. Jie Shi, the legal intern at the Hui Zhong Law Firm Shenzhen Office, made contributions to the post.).

Divorce 52

Divorce Procedural Law Court Laws 52

Conflict of Laws

NOVEMBER 1, 2021

The Court of Justice of the European Union ruled in Achmea that intra-EU investment arbitration violates fundamental rules of EU law. German law offers an interesting option for States to defend themselves against new intra-EU investment arbitration cases. Wilke : German Conflict of Laws Rules for Electronic Securities.

Divorce 40

Divorce Contract Court Legal 40

Conflict of Laws

DECEMBER 19, 2022

Thus, he can apply for an interim measure in State A according to national law and may have this measure enforced under the Brussels Ibis Regulation in State B by way of attachment of accounts. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law. 2 Brussels Ia.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

AUGUST 3, 2023

This creates inconsistencies between the scope of application of the Draft Directive and existing jurisdictional law, both on the EU level and on the domestic level, and can lead to an enforcement gap: EU companies may be able to escape the existing EU jurisdiction; non-EU companies may even not be subject to such jurisdiction. 22 (5) CSDDD.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

SEPTEMBER 1, 2022

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.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

NOVEMBER 13, 2021

Mr Ting Liao, PhD candidate at the Wuhan University Institute of International Law, published a note on the Chinese Smart Court , which attracted a lot of interest and attention. We have responded a few enquires and comments, some relating to the procedure and feasibility of virtual/remote hearing.

Court 52

Court Litigation Litigating Technology 52

Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 Brussels Ibis, Rome I-II etc.),

Drafting 64

Drafting Government Legal Legal 64

Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. P Mansel/K.

Contract 8

Contract Tort Litigation Litigating 8

InHouseOps

JUNE 13, 2022

Martinez: These cases can be highly complex and involve huge multinationals with global contracts and disputes based on large monetary claims and may include IP issues. We know this because when we receive their awards we see their experience through and the quality of their analysis of the case and application of the law.

Punitive Damages 52

Punitive Damages Healthcare Drafting Technology 52

Conflict of Laws

MARCH 19, 2021

Wagner: European Conflict of Law 2020: EU in crisis mode! It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. 25 Brussels Ia Regulation itself.

Divorce 52

Divorce Contract Tort Court 52

Conflict of Laws

DECEMBER 17, 2020

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.

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Laws Stare Decisis Legal Legal 52