scholarly journals OBLIGATIONS, ARISING OUT OF DEALINGS PRIOR TO THE CONCLUSION OF A CONTRACT WITH FOREIGN PARTNERS: EUROPEAN EXPERIENCE OF CONFLICTS-OF-LAW REGULATION

2016 ◽  
pp. 0-0
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
International Law ◽  
European Parliament ◽  
Private International Law ◽  
European Law ◽  
Applicable Law ◽  
European Experience ◽  
The Law ◽  
Contractual Obligations ◽  
Law Regulation ◽  
Conflict Of Law

The article covers the analysis of conflict-of-law regulation of obligations, arising out of dealings prior to contract conclusion in European law. Such regulation is described in article 12 of the Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). The author considers conflict-of-law regulation of precontractual relations from the perspective of the following aspects: possibility of applying the agreement about the law applicable to precontractual relations; applying the contractual connecting factor for determining the law applicable to precontractual relations; exploration of other connecting factors applicable to the precontractual relations in case of impossibility to determine the applicable law on the basis of the contractual connecting factor. The author draws the conclusion that the opportunity given to the negotiating parties to choose the applicable law is in line with the tendency of private international law development towards the extension of the parties’ autonomy. In the absence of such choice, Rome II Regulation contains a special conflict-oflaw regulation, which accommodates parties’ interests.

Conflict-of-Law Regulation of Obligations, Arising from Faulty Negotiations of Treaties (culpa in contrahendo) in Russia and the European Union

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Comparative Analysis ◽  
Point Of View ◽  
The European Union ◽  
Applicable Law ◽  
Culpa In Contrahendo ◽  
Contractual Relations ◽  
The Law ◽  
Contractual Obligations ◽  
Law Regulation ◽  
Conflict Of Law

The article covers the questions of comparative analysis of conflict-of-law regulation of obligations, arising from faulty negotiations of treaties in the Russian legislation and the European law. Such regulation is envisaged in article 12221 of the Civil Code of the Russian Federation and in article 12 of the Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). The author considers conflict-of-law regulation of pre-contractual relations from the point of view of the following aspects: possibility of applying the agreement about the law chosen by the parties to regulate their pre-contractual relations; applying the contractual connecting factor to determine the law applicable to precontractual relations; exploration of other connecting factors applicable to the precontractual relations in case of impossibility to determine the applicable law on the basis of the contractual connecting factor. The author’s conclusion contains the results of the comparative analysis, such as deduction of common and specific features of the Russian and European conflict-of-law regulation of the above-mentioned group of obligations. Also the author offers some recommendations on the improvement of the Russian legislation.

INDIVIDUALNA KOMUNIKACIJA I AUTOMATIZOVANO PREGOVARANjE KOD ELEKTRONSKIH UGOVORA

2021 ◽  
Author(s):  
Slavko Đorđević ◽  
Keyword(s):  
International Law ◽  
Third Party ◽  
Private International Law ◽  
Main Attention ◽  
Applicable Law ◽  
The Law ◽  
Internal Relationship ◽  
Conflict Of Law

Тhis paper analyses the conflict-of-law regime for agency, where the main attention is given to the problem of determining applicable law for existence, extent and effects of agent’s authority (including effects of excess of authority and acting without authority), since Serbian Private International Law Act (SPILA) does not contain the special conflict-of-law rules for these issues. Having this in mind, the analysis is focused on whether the mentioned issues concerning agent’s authority should be governed by the law applicable to the internal relationship between principal and agent or by the law applicable to the contract between principal and third party, or it is necessary to create the new conflict-of-law rules for these issues in accordance with Art. 2 of SPILA that regulates filling the legal gaps. After providing the arguments against first two solutions, the author explains how to create the new conflict-of-law rules for existence, extent and effects of agent’s authority (including effects of excess of authority and acting without authority) in accordance with Art. 2 of SPILA.

scholarly journals La ley aplicable a las donaciones internacionales = Aplicable law to international donations

2019 ◽  
Vol 11 (2) ◽  
pp. 100
Author(s):  
Natividad Goñi Urriza
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Different Types ◽  
European Regulations ◽  
The Law ◽  
Rome I ◽  
Conflict Of Law

Resumen: Este trabajo analiza la determinación de la ley aplicable a las donaciones en Derecho Internacional Privado. La coexistencia de las normas de conflicto contenidas en el Reglamento Roma I y el Reglamento de sucesiones aplicables a distintos aspectos de los actos de liberalidad hace necesario distinguir entre sus respectivos ámbitos de aplicación. A ello hay que añadir la ineludible aplicación de las normas de Derecho Internacional Privado nacional para la determinación de la ley aplicable a los aspectos relativos a los derechos reales.Palabras clave: donaciones, norma de conflicto, sucesiones, contratos.Abstract: The article deals with the determination of the applicable law to donations in Spanish Private International Law. The coexistence of conflict of law rules included in Rome I and successions European Regulations makes necessary to distinguish between different types of donations. Additionally, the article addresses the unavoidable application of the rules of national private international law for the determination of the law applicable to some aspects of the rights in rem.Keywords: donations, conflict of law, successions, contracts.

scholarly journals Pactele succesorale privite din perspectiva dreptuluii internațional privat

2021 ◽  
Vol 65 (4) ◽  
pp. 903-933
Author(s):  
Dan-Andrei Popescu ◽  
Keyword(s):  
Functional Analysis ◽  
International Law ◽  
Comparative Law ◽  
European Parliament ◽  
Private International Law ◽  
Applicable Law ◽  
Binding Force ◽  
Recognition And Enforcement ◽  
The Creation ◽  
The Law

This article aims at an analysis of agreements as to succession from the perspective of private international law. All forms of succession agreements are considered, including mutual wills. The study also contains references to comparative law in the field. The relevant provisions of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession – are analyzed. 650/2012, distinguishing between unilateral and bi- or multilateral pacts, as well as between the admissibility of pacts and issues related to their validity, including binding force and provisions on termination. The article concludes with a functional analysis dedicated to adapting the effects of agreements as to succession, wich are valid according to the hypothetical succession law, given that the lex successionis is hostile to them. More specifically, there is the issue of protecting the interests of force heirs by reference to the law applicable to the succession.

The new Uruguayan private international law: an open door to party autonomy in international contracts

2021 ◽  
Author(s):  
Eduardo Florio de León
Keyword(s):  
International Law ◽  
General Analysis ◽  
Private International Law ◽  
State Law ◽  
Open Door ◽  
Commercial Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
General Law ◽  
Contractual Obligations

Abstract On 17 November 2020, the General Law on Private International Law (Law 19.920) was approved. This Law resulted from a process of hard work that took over two decades of discussions and debates.1 With this Law, Uruguay becomes one of a group of countries that have already carried out this kind of reform, particularly in regard to international commercial law and international contracts. The new Law 19.920 allows parties to choose the applicable law (State or non-State law) to regulate their international contractual obligations. This reform has a real disruptive imprint since Uruguay leaves behind its old and anachronistic regulation of the matter. This article provides a general analysis of the regulation of international commercial law under Law 19.920 (Articles 13 and 51) and the new regime applicable to international contracts, including the parties’ right to choose the applicable law (Article 45) (State or non-State law), which increases their autonomy in comparison with the previous regime.

scholarly journals Prawo właściwe dla zobowiązań deliktowych wynikających z naruszenia zasad ochrony danych osobowych przyjętych w RODO

2020 ◽  
pp. 39-59
Author(s):  
Marek Świerczyński
Keyword(s):  
European Union ◽  
International Law ◽  
Personal Data ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
National Courts ◽  
International Data ◽  
Conflict Of Law

Disputes arising from international data breaches can be complex. Despite the introduction of new, unified EU regulation on the protection of personal data (GDPR), the European Union failed to amend the Rome II Regulation on the applicable law to non-contractual liability and to extend its scope to the infringements of privacy. GDPR only contains provisions on international civil procedure. However, there are no supplementing conflict-of-law rules. In order to determine the applicable law national courts have to apply divergent and dispersed national codifications of private international law. The aim of this study is to propose an optimal conflict-of-law model for determining the applicable law in case of infringement of the GDPR’s privacy regime.

scholarly journals The Impact of Brainerd Currie’s Governmental Interest on the Principle of the Closest Connection

Lex Russica ◽  
2020 ◽  
pp. 9-19
Author(s):  
Т. V. Novikova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Matter Field ◽  
Regulation Mechanism ◽  
Private International Law ◽  
The Russian Federation ◽  
Substantive Law ◽  
The Impact ◽  
Law Regulation ◽  
Conflict Of Law

In modern private international law, the principle of the closest connection involves not only the identification of the prevailing territorial connection, but also the consideration of substantive factors (protection of a weaker party, preferability to keep the transaction valid, etc.). The paper substantiates the thesis that, being initially based on the territorial localization of the relationship, the analyzed principle in the course of its development was enhanced with the achievements of others doctrinal approaches to the resolution of the conflict-of-law issue, including the concept of “governmental” or “state” interest developed by American legal scholar Brainerd Currie. A genius breakthrough suggested by B. Currie is examined as an attempt to overcome the mechanical approach of conflict-of-law rules, expand the subject matter field of assessment at the stage of resolving the conflict-o-law issue and, ultimately, evaluate the substantive law result of this decision within the framework of understanding law as a tool for the protection of an individual by the state. Nevertheless, substantive law factors, contrary to one of the main tenets of B. Currie’s teaching, do not replace traditional conflict-of-laws rules at all. To the extent that the conflict-of-law regulation mechanism balances predictability and flexibility of decisions, it complements the search for territorial connection with substantive law considerations. The research makes it possible to conclude that the principle of the closest connection in private international law of the Russian Federation, in the context of global trends in the development of approaches to the resolution of conflict-of-law issues, is complex in nature, as indicated by the explanation of the Plenum of the Supreme Court of the Russian Federation that “when determining the closest connection, the court,” first, establishes ”the prevailing territorial connection” and, second, “may take into account the application of the law of which country will best realize the universally recognized principles of civil law and of its institutions.” As a consequence, it is the combination of territorial and substantive law components in the content of the principle of the closest connection that provides an appropriate balance between predictability and flexibility of the modern mechanism of conflict-of-law regulation.

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.

Non-Contractual Obligations

2019 ◽  
pp. 244-277
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
Eu Law ◽  
Eu Legislation ◽  
The United Kingdom ◽  
The Law ◽  
Contractual Obligations

This chapter discusses the law on non-contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome II Regulation, Regulation 864/2007, will be retained as the law of the United Kingdom. The adjustments necessary to allow the Rome II Regulation to operate as English private international law are made by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019 No 834: these adjustments are of no substantial importance. It follows that it is possible to refer in this chapter to the Rome II Regulation without needing to draw attention to its status as EU legislation (as it was prior to Exit Day) or as retained EU legislation (as it is on and after Exit Day).

Law Applicable to Unilateral Juridical Acts and Uniform Conflict-of-law Rules

2013 ◽  
pp. 1-15
Author(s):  
Monika Pauknerová
Keyword(s):  
International Law ◽  
Private International Law ◽  
European Regulation ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Technical Structure ◽  
Juridical Acts ◽  
Supranational Regulation ◽  
Conflict Of Law

Private international law smoothes the edges of civilian law and common law thanks to its specific legislative and technical structure. Conflict-of-law rules are considered to be neutral, and therefore more appropriate for unification, than substantive rules because countries are prepared to surrender their own individual solutions for the sake of uniform international or supranational regulation. This is evident in the successful unification of conflict-of-law rules at the global and European Union levels, as compared with the less common partial unifications of substantive rules. The paper illustrates several examples of unilateral legal acts in the European space, how diverse may be their substantive qualification in different legal systems, and what impacts these substantive differences may have upon the determination of the applicable law for obligations under European conflict-of-law rules. From the perspective of the conflict of laws, an issue remains open regarding what approach should be taken where a uniform legislative instrument – namely a European Regulation – fails to include a particular institution or act either expressly or impliedly.

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