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Written by NIE Yuxin, Wuhan University Institute of International Law 1. Background China’s Civil ProcedureLaw was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. Notably, 19 changes deal with the special provisions on cross-border procedures. Jurisdiction 2.1 Jurisdiction 2.1
—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Email: zhengxinh@cupl.edu.cn. Summary of Facts.
Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna. The theme of the conference will be.
In general, following the procedurallaw principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts. 32 German Civil Procedure Code, tort claims can be brought to the court where the harmful act happened regardless of the defendant’s domicile.
Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International ProceduralLaw in Greek and other leading Universities abroad.
Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6]
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.
Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.
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.
Though decided almost four months ago, the case merits discussion of several private international law aspects that will perhaps become one of the milestones in the broader context of liability of parent companies for the actions of their foreign-based subsidiaries. Application of (substantive) Nigerian law. Substantive law.
(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.
Despite being rooted in competition law with its unique intricacies, the issues surrounding the determination of online damage locations hold the promise of illuminating pertinent questions. However, the court agreed that the specific court within the Netherlands responsible for adjudicating the matter remains unspecified. Notably, Case C?251/20
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).
Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil ProcedureLaw of China (hereinafter “CPL”) was enacted in 1990 and has been amended four times. All amendments made no substantive adjustments to the foreign-related civil procedure proceedings. Background. 276, para.
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.
During the second year, the focus of the issues will now be shifting to individual disputes, influenced by European procedural or private international law. The focus of the present issue refers to maritime differences, which are particularly important for our country. Vathrakokilis.
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.
Those who met him in person were certainly overwhelmed by his humour and humanity, by his talent to approach people and engage them into conversations about the law, art and culture. Everyone in the CoL and PIL world is familiar with and is probably admiring his outstanding and often path-breaking work as a global scholar.
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.
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. 1 Lugano Convention 2007 vis-à-vis claims in tort.
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.
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.
Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil ProcedureLaw (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes. 10] However, the precise extent required remains to be determined.
Deuring: Gender and International Private Law – Comments on the New Article 7a of the German Introductory Act to the Civil Code Although the attribution of a specific gender to a person has become less important in the German legal order, it can still be relevant. Wittum: No conflict of laws fit for the digital age?
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