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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

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. Mandl: Apparent and virtual establishments reflected through Art. 5 Brussels Ia Regulation and Art.

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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

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

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Report of the Oxford Conference on “Characterisation in the Conflict of Laws”

Conflict of Laws

They began with an overview of the instances where the choice of law questions are raised at the jurisdictional stage in the context of granting permission for service out of the jurisdiction, exploring the relevant gateways in the Practice Direction 6B of the Civil Procedure Rules.

Laws 45
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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

For the law of state immunity, this move is particularly significant because China had been the most important adherent to the rival, absolute theory of foreign state immunity. In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). This provision also follows the U.N.

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HCCH 2019 Judgments Convention Repository Update

Conflict of Laws

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

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Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

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Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.