Conflict of Laws
SEPTEMBER 21, 2023
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.
Conflict of Laws
MAY 3, 2024
International family and succession law as well as questions of citizenship became a focus of his academic research and publications for decades, including his Habilitation in 1971 on „Die Familie im Recht der unerlaubten Handlungen” (“The Family in Tort Law“), [2] in particular with a view to relations connected with Italy.
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Conflict of Laws
JANUARY 18, 2022
We would like to explore these and many other related questions at the 4th German-speaking Conference for Young Scholars in Private International Law. The written contributions will be published in an edited conference volume. The conference will be held in German, but English presentations are also welcome.
Conflict of Laws
DECEMBER 12, 2020
Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9] 8] Id, at pp. 14] E.g., Winkworth v.
Conflict of Laws
JUNE 29, 2023
The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedural laws ( Justizkonflikt) between the United States and Germany. While the decision is formally a procedural one, its most striking passages address substantive tort law.
Conflict of Laws
AUGUST 23, 2023
Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedural law. Procedural law matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.
Conflict of Laws
SEPTEMBER 14, 2023
Territorial Tort Exception Article 9 of the FSIL creates an exception to immunity for claims “arising from personal injury or death or damage to movable or immovable property caused by the relevant act of the foreign state in PRC territory.” It is unclear if Chinese courts applying the FSIL will reach the same conclusion.
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