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Maine’s attorney general filed a lawsuit Tuesday against multiple large oil companies alleging negligence, nuisance, unfair trade practices, failure to warn and trespass as parens patriae. The complaint maintains that the defendant companies breached their duty of care to Maine’s citizens.
Jaime Villanueva was the main advisor to the suspended Prosecutor of the Nation (Patricia Benavides). As preventive rules we find: Law No. Pablo Sanchez is the supreme prosecutor investigating Patricia’s sister, and Patricia Benavides’ sister is a superior judge (Emma Benavides).
Background China’s Civil ProcedureLaw was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. The latest amendments to the Civil ProcedureLaw in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions.
For German-speaking conflict of law friends, especially those with a strong interest in its procedural perspective (and this seems to apply to almost all of them by now, I guess), the year 2021 has begun beautifully, as far as academic publications are concerned. 783 – 976). The first part addresses foundations of the subject (pp.
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. npc/c2/c30834/202112/t20211227_315637.html> html> accessed 13 October 2024. [2]
Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory ProceduralLaw and Ph.D. candidate at the University of Luxembourg, offers a summary and a compelling analysis of the Luxemburgish domestic legislation regarding the EPO and EAPO Regulations.
Unsurprisingly, as some national procedurallaws provide for a possibility to ‘introduce’ a third State judgment within their system through a simplified and/or summary procedure, this question has been debated in the literature. It seems that two elements of major importance paved the way for this affirmative answer.
g) is a procedural mechanism that allows Arizona petitioners to challenge their conviction or sentence when there is a “significant change in the law” that would impact their case. g) purposes. As background, a Pima County jury convicted Cruz of capital murder in 2005.
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. Valmantonis.
Did national jurisdictions adapted their substantial and procedurallaws to meet the challenges faced by cross-border families during the pandemic? Abstracts should include: An overview of the main question and arguments of your contribution (up to 500 words). How do legal Covid-19 restrictions affect cross-border families?
This work wishes to contribute to current debates transposing in the field of conflict of laws reflections surrounding non-human legal capacity by addressing legal problems a national (Italian) court might face should a non-human-based entity start proceedings in Italy.
Un’introduzione in chiave comparata ( Mechanisms of consensual justice in Brazilian procedurallaw. In principle, law is mainly conceived as a self-referential institution that bases its ability upon the exercise of power. Una soluzione consensuale della crisi d’impresa ( The negotiated settlement.
Transfer of Ownership in Movable Property under Polish Law. This essay deals with the transfer of ownership under Polish law. Igor Adamczyk, Jakob Fortunat Stagl: Der Eigentumserwerb an Fahrnis im polnischen Recht, Volume 86 (2022) / Issue 2, pp. 473–501, DOI: 10.1628/rabelsz-2022-0032.
Mariottini (Senior Research Fellow at the Max Planck Institute Luxembourg for ProceduralLaw), The Singapore Convention on International Mediated Settlement Agreements: A New Status for Party Autonomy in the Non-Adjudicative Process. Cristina M.
Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedurelaws and frequently applied by courts in many legal systems, especially those of common law countries.
Jurisdiction is a fundamental aspect of Nigerian procedurallaw. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws.
Article 51 of the PRC Maritime Special ProcedureLaw provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] See Article 100, para.1
Building on the comments, the present article authored by the members of the Marburg Group focuses on the main points of critique and considers the present state of discussion on the proposed Regulation. 1 Besides, it should also be associated with a more extensive and, in consequence, time-consuming reform of procedurallaw.
While the process of digitalisation of judicial cooperation and cross-border procedures in the EU has been ongoing for some time already, the new Digitalisation Regulation represents a major step for advancing digitalisation practices in the EU. The Regulation will apply from 1 May 2025 – with some exceptions.
The adoption of this Code constitutes a landmark reform in the Mexican legal system, modernizing and, for the first time, unifying civil and family procedurallaws across the country. This article contains a study of the main rules that adjust the goals of the Code to cross-border cases.
The decision also deals with questions of German procedurallaw. According to German procedurallaw, the reception of a waiver of succession is an estate matter. In the Swiss decision, the binding nature of a non-signatory is based on its interference in the performance of the main contract of other parties.
The decision of the OLG München (Higher Regional Court of Munich) regarding a brokerage contract shows that it is not always possible to determine the place of main performance. The decision concerns a classical question of classification: the delimitation of succession law from procedurallaw.
This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory ProceduralLaw, and Ph.D. On 8-9 October 2020, ERA – the Academy of European Law – organized its Annual Conference on European Consumer Law 2020. Introduction: .
Zwirlein-Forschner: Road Tolls in Conflict of Laws and International Jurisdiction – a Cross-Border Journey between the European Regulations. The payment of such road tolls can be organized either under public or under private law. Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil ProcedureLaw.
Main findings. The procedural method and the time of presentation of the documents referred to in Article 4 § 1 NYC are still regulated by the procedurallaw of the trial judge, in the case at hand the Greek Code of Civil Procedure. It simply determines the burden of proof and the party borne with it.
The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedurallaw.
It is open to submissions of unpublished/ongoing works by faculty professors, investigators, as well postgraduate and undergraduate students, on topics of interest for the research agenda of Private International Law, its strategies and potential impacts on society, local/regional spaces, and international organizations.
Nikolaos Klamaris on the international jurisdiction of the Court of Piraeus (Department of Maritime Disputes) on a tort, committed in Piraeus by defendants based in Asia, while in the column L&F Praxis, the Judge Mr. Georgios Safouris presents the main practical problems of the referral questions to the CJEU within 11 Q&As.
Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory ProceduralLaw and Ph.D. This information mechanism is perhaps one of the main appeals of the EAPO.
Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory ProceduralLaw and Ph.D. candidate at the University of Luxembourg, offers a summary and a compelling analysis of the Czech domestic legislation regarding the EAPO Regulation. Introduction. 6/2002 Coll.,
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. The Brussels Ibis Regulation is certainly the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union.
Reibetanz: Procedural Consumer Protection under Brussels Ibis Regulation and Determination of Jurisdiction under German ProceduralLaw (Sec. German procedurallaw does not provide for a place of jurisdiction comparable to Article 8 (1) Brussels Ibis Regulation, the European jurisdiction for joinder of parties.
Localising the place of damage in the context of capital investment cases is a perennial problem both under national and European civil procedurallaw. 167 of the Civil Procedure Code (ZPO) aims to relieve the parties of the risk accruing to them through late official notification of legal action over which they have no control.
Professor Francesco Paolo Luiso (University of Pisa, Italy – Academician of the Order of Lincei ) then proceeded to effectively illustrate the essential role played by lawyers in changing the traditional paradigm of dispute resolution which sees court adjudication as the main (if not, the sole) way of settling disputes.
At the outset, the CJEU observed that the Brussels Ia Regulation is applicable to the disputes in the main proceedings as the proceedings were commenced by the insurance companies before 31 December 2020. The Spanish courts referred questions to the CJEU on the interpretation of choice of court agreements under the Brussels Ia Regulation.
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. The Act contains conflict-of-law rules as well as rules on procedure.
Here Kelsen points out the fact regarding Austin’s theory of law that where law is a command of a sovereign, backed by sanction. But here, Austin’s theory is saying that what law ‘Ought’ to be and not what law is. This is the point where Austin’s theory fails on justifying International law, procedurallaw etc.
iii] The court reviewed the challenge under Article 281 of the Chinese Civil ProcedureLaw, which dealt with the challenge to foreign-related arbitral awards. Given our focus on third-party funding, this note only discussed the first two grounds.
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. 284, para.
The blockchain-ready Electronic Securities Act (Gesetz über elektronische Wertpapiere: eWpG) comes with its own conflict of laws provision. This paper addresses the subject matter, connecting factors, and questions of the applicable law of said rule. The main focus is on the relationship between Art.
Main Content. 277 of the PRC Civil ProcedureLaw, different from domestic trials, foreign-related trials would not be subject to the statutory time limit. The Content can be divided into different categories according to the goals of Regulation 2022. ?1?Convenience Convenience and Efficiency. Predictability.
The case also gave the ECJ reason to address some interesting aspects of international jurisdiction under Article 35 of the Brussels Ibis Regulation and the relationship between this provision and the procedurallaws of the Member States. Thon: Jurisdiction Clauses in General Terms and Conditions and in Case of Assignment.
Articles 13 and 14 of China’s draft law closely parallel Articles 19-21 of the U.N. The main difference appears in Article 13(3)’s exception for enforcing court judgments, which is expressly limited to Chinese court judgments and requires that the property “relates to the proceedings.” Convention. Because the U.S.
The main difference between these two approaches is that, unlike foreign personal status judgments, the requirements of article 118 of the CCP would fully apply mutatis mutandis to foreign domestic relations decisions, provided that doing so is not contrary to the nature of the decision in question (article 79-2 of the DRCPA ).
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