Remove Legal Remove Procedural Law Remove Tort
article thumbnail

Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions.

article thumbnail

German Federal Court of Justice: Article 26 Brussels Ia Regulation Applies to Non-EU Defendants

Conflict of Laws

By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. In general, following the procedural law principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts.

Court 75
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

Laws 98
article thumbnail

Save the Date: German Conference for Young Scholars in Private International Law 2023

Conflict of Laws

Deference to the foreign – empty phrase or guiding principle of private international law? The organisors explain: “As part of the legal system, rules of private international law are bound by the principles of their national jurisdiction, but they also open up the national system to foreign rules.

Laws 52
article thumbnail

Lex & Forum 4/2021: A special on the 2019 Hague Convention on the Recognition of Foreign Judgments

Conflict of Laws

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 Procedural Law in Greek and other leading Universities abroad.

article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

Conflict of Laws

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. This norm is part of procedural law.

article thumbnail

Who can bite the Apple? The CJEU can shape the future of online damages and collective actions

Conflict of Laws

The legal bases of the claim are therefore abuse of economic dominance in the market (Article 102 TFEU) and prohibited vertical price fixing (Article 101 TFEU). They assert that Apple’s dominant position in the market and its behavior constitute an abuse of power.

Court 78