scholarly journals PARTICULAR FEATURES OF CONTRACTUAL INHERITANCE OF LEGAL CLAIMS AND OTHER LIABILITIES

2016 ◽  
pp. 0-0
Author(s):  
Эдвард Пилипсон ◽  
Edvard Pilipson
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Practical Problem ◽  
Correct Choice ◽  
Private International Law ◽  
Legal Regime ◽  
Applicable Law ◽  
The Subject ◽  
The Right ◽  
The Cost

Contractual succession of legal claims and liabilities in administering rules of private international law is a quite complicated practical problem. The correct choice of the applicable law is the priority in this situation. As of today inheritance of movables, including claims, liabilities takes place according to the connecting factors’ rules “lex patriae” and “lex domicilii” which according to the offered assumption, are not adequate in a situation of the inheritance by contract. It is worth mentioning that in some cases the right to claim, liability acquires legal regime called “res in transitu” which requires special succession regime. Secondly, it is necessary to evaluate the subject matter of the contract. Inheritance by contract is mediated by the tools of the contractual right which is based on the concluded contract with the cross material perquisites evaluated in a certain sum. Due to this circumstance the assessment should be accepted as a basis for the contract price. Since in accordance with the current legislation the assessment can be made solely in relation to a constant liability (for example, in the situation with a contract of purchase), in case of a contractual inheritance of legal claims (cession), it is not clear how provisional assessment can be made, as the cost of liabilities can change drastically depending on circumstances in the course of a certain period of time. This article is devoted to the investigation of these problems.

scholarly journals THE RIGHT TO ACQUIRE THE MOTHER'S NATIONALITY

2021 ◽  
Vol 03 (08) ◽  
pp. 225-240
Author(s):  
Hiba Thamer MAHMOOD
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Comparative Approach ◽  
Private International Law ◽  
Human Right ◽  
Applicable Law ◽  
Mother And Child ◽  
The Right ◽  
International Conventions ◽  
Nationality Law

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 14 Ethiopia: Ethiopian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Gebremeskel Fekadu Petros
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
The Subject ◽  
The Hague ◽  
Federal Supreme

This chapter reflects on Ethiopian perspectives on the Hague Principles. Ethiopia does not have a codified law regulating matters of private international law, nor is there detailed case law from which one could derive key principles of the subject. While the shortage of private international law in Ethiopia is evident, the problem is most severe in the area of applicable law. In relation to party autonomy in choice of law, the Federal Supreme Court’s Cassation Division has handed down some interesting decisions, and these indeed have the force of law in Ethiopia. Nevertheless, the approach of the Ethiopian courts in respect of party autonomy is not very developed and clear, including in the field of international commercial contracts. While it would be prudent for Ethiopian courts to refer to the Hague Principles as persuasive authority, this requires awareness of the existence of the Hague Principles. In the long term, the Hague Principles will surely find their way into Ethiopian law.

Part VI The Law of Property, 29 The Distinction Between Movables and Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Legal System ◽  
Subject Matter ◽  
Private International Law ◽  
The Subject ◽  
The Law

This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.

scholarly journals The role of party autonomy under the regulations on matrimonial property regimes and property consequences of registered partnerships. Some remarks on the coordination between the legal regime established by the new regulations and other relevant instruments of European Private International Law = Il ruolo dell’autonomia della volontà nei regolamenti sui rapporti patrimoniali tra coniugi e sugli effetti patrimoniali delle unioni registrate. Alcune considerazioni sul coordinamento tra il regime giuridico stabilito dai nuovi regolamenti e altri strumenti di diritto internazionale privato europeo

2018 ◽  
Vol 10 (2) ◽  
pp. 457
Author(s):  
Cristina Grieco
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Regime ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
Property Regimes ◽  
Property Regime

 Abstract: The new Regulations (No. 2016/1103 and No. 2016/1104) recently adopted through an enhanced cooperation by the European Legislator aim to deal with all the private international law aspects of matrimonial property regimes and property consequences of registered partnerships, both as concerns the daily management of matrimonial property (or partner’s property) and its liquidation, in particular as a result of the couple’s separation or the death of one of the spouses (or partners). This paper aims to address the prominent role of party autonomy in the two Regulations and to focus on the coordination between the legal system embodied in the new two Regulations, and other relevant instruments of European private international law in force, such as the Succession Regulation and the Bruxelles II- bis Regulation.Keywords: party autonomy; successions; matrimonial property regime, partnership property regi­me, applicable law, choice of law, private international law.Riassunto: I due nuovi regolamenti (No. 2016/1103 e No. 2016/1104), recentemente adottati nell’ambito di una cooperazione rafforzata dal legislatore europeo, si propongono di regolare tutti gli aspetti internazional privatistici legati ai regimi patrimoniali tra coniugi e alle conseguenze patrimoniali delle partnership registrate, sia per ciò che concerne la regolare amministrazione dei beni sia per ciò che riguarda la liquidazione degli stessi beni facenti parte del regime matrimoniale (o della partnership regi­strata) nel caso si verifichino vicende che ne alterino il normale svolgimento, come la separazione della coppia o la morte di uno degli sposi (o dei partner). Il presente scritto si propone di esaminare il ruolo prominente che, all’interno di entrambi i regolamenti, è riservato alla volontà delle parti e di focaliz­zarsi sul coordinamento tra i due nuovi strumenti e gli altri regolamenti di diritto internazionale privato europeo attualmente in vigore e, particolarmente, il regolamento sulle successioni transfrontaliere e il regolamento Bruxelles II- bisParole chiave: autonomia della volontà; successioni; rapporti patrimoniali tra coniugi; effetti pa­trimoniali delle unioni registrate; legge applicabile; scelta di legge; diritto internazionale privato.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.5 Crimes within the jurisdiction of the Court/Crimes relevant de la compétence de la Cour

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Criminal Court ◽  
Customary Law ◽  
Crimes Against Humanity ◽  
Judicial Interpretation ◽  
Applicable Law ◽  
Preparatory Committee ◽  
The Subject ◽  
Article 5

This chapter comments on Article 5 of the Rome Statute of the International Criminal Court. Article 5 sets out the subject-matter jurisdiction of the Court. It declares that the jurisdiction is limited to ‘the most serious crimes of concern to the international community as a whole’. It lists the four crimes over which the Court has subject-matter jurisdiction: (i) the crime of genocide; (ii) crimes against humanity; (iii) war crimes; and (iv) the crime of aggression. The chapter argues that the function of Article 5 seems largely symbolic, a consequence of the drafting history. At its beginnings, when it was article 22 of the International Law Association 1993 draft, article 5 was described as the ‘core’ or the ‘heart’ of the Court's jurisdiction ratione materiae, providing an enumeration of crimes whose detailed description was to be left to treaties, customary law, and judicial interpretation. But the Preparatory Committee insisted upon precise definitions, and as the texts emerged — they became articles 6, 7, and 8 of the Statute — the function of article 5 became increasingly redundant.

scholarly journals Vietnam’s New Law on the Right of Parties to Choose Applicable Law in Civil Relations Involving Foreign Elements

2016 ◽  
Vol 9 (4) ◽  
pp. 93
Author(s):  
Tran Thi Thu Phuong
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Systems ◽  
Applicable Law ◽  
Application Of Law ◽  
The World ◽  
The Law ◽  
The Right

In private international law, the right of the parties to choose law applicable has been acknowledged in most legal systems. However, the scope of this right of agreement varies according to the statutory regulations of each country. This paper clarifies the scope of right to agreement on applicable law of the parties, as well as the mechanism for controlling the application of law as agreed upon by the parties in private international law of Vietnam. This article also makes comparison with the law of some countries in the world in order to point out the differences between them and to make comments, assessments of the current statutory regulations of Vietnam on such issues.

scholarly journals The Group Insurance Contract in Private International Law

2019 ◽  
Vol 66 (3) ◽  
pp. 507-535
Author(s):  
Mariusz Fras
Keyword(s):  
Member State ◽  
International Law ◽  
Private International Law ◽  
Legal Regime ◽  
Conflict Of Laws ◽  
Insurance Contracts ◽  
Group Insurance ◽  
The Subject ◽  
Rome I ◽  
Insurance Agreement

Abstract The provisions on obligations under insurance relationships included in Article 7 of the Rome I Regulation are relatively complicated. However, although individual insurance contracts have their own legal regime in each Member State, only a few national legislators have decided to lay down the consequences of concluding a group insurance agreement. The Rome I Regulation does not include any special conflict of laws rule concerning group insurance contracts, which has been criticized in the literature on the subject.

How Private is English Private International Law?

2021 ◽  
pp. 299-324
Author(s):  
Edwin Peel
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Private International Law ◽  
Applicable Law ◽  
The Law

This essay assesses the extent to which some of the central questions of private international law (jurisdictional venue, applicable law) can be subjected to the re-distributive will of the parties, like any other subject matter of a contract, and the extent and reach of the remedies available as a consequence. It focuses principally on the decisions of the English courts and critically examines Adrian Briggs’ contribution to the development of the law in this area.

scholarly journals Functions principle of the closest connection in the context of civil legislation of the Republic of Belarus

2020 ◽  
Vol 65 (1) ◽  
pp. 92-102
Author(s):  
V. O. Pavlovsky
Keyword(s):  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Stage Of Development ◽  
Current Trends ◽  
International Private Law ◽  
The Subject ◽  
The Republic ◽  
The Individual

The object of the research is the current trends in flexible regulation in international private law. The subject of research is the individual aspects of the criterion of the closest connection. The main purpose of the article is to analyze the possibility of using a flexible methodology for determining applicable law on the basis of the current legislation of the Republic of Belarus. The article can be used as a scientific reference point (bridgehead) for a more detailed study of the problems of applying the principle of the closest connection. The author’s study, based on the techniques of formal logic, examines the main aspects of the functioning and application of the principle of the closest connection. The idea is substantiated that for the full application of the principle of the closest connection in the domestic legal system, certain changes are required, as well as a tendentious response of the legislator to the processes occurring in the most advanced legislative systems. Particular attention is paid to the justification of the need to update conflict of laws regulation at the present stage of development of private international law. Examples of presumptions of the closest connection and auxiliary reservations involved in the mechanism for determining the closest connection are given. The study proposed a number of author’s definitions, taking into account the characteristics of the studied legal mechanisms.

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