scholarly journals La oposición del régimen económico matrimonial y la protección del tercero en Derecho Internacional Privado =The opposition of the matrimonial property regime and the protection of the third party in Private International Law

2017 ◽  
Vol 9 (2) ◽  
pp. 59
Author(s):  
Isabel Antón Juárez
Keyword(s):  
International Law ◽  
Legal Order ◽  
Third Party ◽  
Private International Law ◽  
Applicable Law ◽  
The Third ◽  
Married Person ◽  
The People ◽  
The Third Party ◽  
Property Regime

Resumen: El presente trabajo tiene como objeto el estudio de la protección que el tercero que se relaciona con persona casada tiene en el ordenamiento jurídico español. Este estudio, aunque no en exclusiva, se centrará en las soluciones que el Derecho internacional privado español brinda al respecto. La contratación entre particulares donde existe un elemento de extranjería está a la orden día, no es una ninguna novedad. Sin embargo, cuando uno de los contratantes no cumple con lo pactado y se convierte en deudor, la otra parte (el tercero) puede quedar en una situación de desprotección si dicho deudor es una persona casada. Tal desprotección no es por el hecho de su estado civil, sino debido a que el hecho de estar casado implica cambios en el patrimonio y de cómo éste debe responder en el tráfico jurídico. En definitiva, tener información sobre el régimen económico matrimonial de las personas con las que se contrata es importante. Pero aun así, hay muchas ocasiones en las que dicha información no existe en un Registro público español, o aun existiendo la información, ésta es errónea, por lo que el tercero queda en una situación incierta que debería intentar mitigar.Palabras clave: régimen económico matrimonial, tercero, ley aplicable, cónyuges, deuda.Abstract: This paper studies the protection the Spanish legal order gives to a third party who is related with a married person. This study, although not exclusively, will focus on the solutions that Spanish private international law provides in this regard. The contracts where there is a foreigner element are not a novelty. However, when one of the parties fails to comply with the agreement and becomes a debtor, the other party (the third party) may be in a situation of lack of protection if said debtor is a married person. Such lack of protection is not due to the fact of his marital status, it is because being married implies changes in the patrimony and how this must respond in the legal traffic. In short, having information about the matrimonial property regime of the people with whom you contract is essential. But even so, there are many occasions that such information does not exist in a Spanish Public Registry, or although it is existed, is wrong, so the third is in an uncertain situation that must alleviate.Keywords: matrimonial property regime, third, applicable law, spouses, debt.

Discussion report: receivables and securities in private international law

2019 ◽  
Vol 24 (4) ◽  
pp. 738-743
Author(s):  
Stella Galehr ◽  
Tessa Grosz
Keyword(s):  
International Law ◽  
European Commission ◽  
Third Party ◽  
Private International Law ◽  
Applicable Law ◽  
The Third ◽  
The Law ◽  
The Third Party

Abstract Under the title Receivables and Securities in Private International Law, the conference, hosted by the Interdisciplinary Association of Comparative and Private International Law, was made topical by a proposal from the European Commission to regulate the applicable law on the third-party effects of assignment of claims (COM (2018) 96). The conference divided its focus into two panels: the first dealing with COM (2018) 96 from different perspectives, and the second discussing the law applicable to proprietary effects of transactions in securities.

scholarly journals UMOCOWANIE DO ZAWARCIA UMOWY O ARBITRAŻ

2017 ◽  
Vol 3 (2) ◽  
pp. 299
Author(s):  
Jadwiga Pazdan
Keyword(s):  
International Law ◽  
Third Party ◽  
Specific Power ◽  
Professional Activity ◽  
Private International Law ◽  
Power Of Attorney ◽  
The Third ◽  
The Law ◽  
The Third Party ◽  
Substantive Law

Power to Conclude an Arbitration Agreement on Behalf of Another PersonSummaryThe legal character of an arbitration agreement is disputable in the Polish doctrine. However, it is undisputable that such an agreement may be concluded by an agent. I mean here a power of attorney of the substantive law, and not the power to represent in the court proceedings.A principal may expressly authorize an agent to conclude a particular arbitration agreement (a specific power of attorney) or to conclude all arbitration agreements (a generic power of attorney).A question, however, arises, whether an agent authorized to enter into a specific civil or commercial law contract or contracts of specific kind who was not expressly authorized by a principal to conclude an arbitration agreement may conclude such agreement in relation to the disputes which may result from these contracts. This question should be answered positively.An agent who was given only a general authorization to act on behalf of the principal, cannot in principle conclude an arbitration agreement, unless the dispute concerns the sphere in which an agent has a power to act. This sphere is confined to acts within a regular management.One should look for a law applicable to the power of attorney to conclude an arbitration agreement according to the method accepted generally in private international law for authorization, and not according to the rule applied in relation to a power to represent in the court proceedings.The Polish 1965 Private International Law Act does not determine the law applicable to the authorization. This gap should be filled using the following solution:a) the choice of law made by a principal (or by a principal and an agent) is effective against the third party , if this party knew about the choice or could and ought to have known about it,b ) in case of the lack of choice, the law of the country in which an agent permanently conducts his professional activity related to the authorization should be applied (the law of agent’s seat), if the third party with whom an agent concluded an agreement knew the agent’s seat or could, with due diligence, identify it,c ) in case of the lack of choice and when an agent has no permanent seat, one should apply the law where an agent acts.

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 The Application of the Third Party's Right Relief System in Civil Procedure Law of the People's Republic of China

2020 ◽  
Vol 14 (1) ◽  
pp. 43
Author(s):  
Haitao Chen
Keyword(s):  
Civil Procedure ◽  
Third Party ◽  
Republic Of China ◽  
The Third ◽  
Legal Provisions ◽  
The People ◽  
Three Stages ◽  
The Third Party ◽  
Right Relief ◽  
Relief System

With the continuous revision and improvement of the Civil Procedure Law and relevant judicial interpretations, China has formed a complete system to protect the rights and interests of the third party not involved in the original trial, including enforcement objection, execution objection lawsuit, the third party revocation lawsuit and retrial procedure. However, at present, the legal provisions on the cis-position of application of the above procedures are still vague. In order to explain and solve this problem more clearly, this thesis divides the time after the judgment is made into three stages - "from the time when the judgment is made to before the judgment takes effect", "the stage of execution" and "after the stage of execution". Based on the characteristics and purposes of each procedure and the functional characteristics of judicial organs, the cis-position of each procedure in different stages is determined reasonably.

НАХИЧЕВАНСКАЯ ОБЛАСТЬ В КОНТЕКСТЕ МОСКОВСКОГО ДОГОВОРА И РУССКО–ТУРЕЦКО АЗЕРБАЙДЖАНСКИХ ОТНОШЕНИЙ 1920-1921 ГГ.

2021 ◽  
pp. 9-36
Author(s):  
Gayane Makhmourian
Keyword(s):  
International Law ◽  
Third Party ◽  
The Third ◽  
The Future ◽  
Red Army ◽  
Fatal Course ◽  
The Third Party ◽  
The Republic ◽  
Soviet Russia ◽  
And Control

NAKHIJEVAN REGION IN THE CONTEXT OF THE TREATY OF MOSCOW AND OF THE RUSSIAN–TURKISH–AZERBAIJANIAN RELATIONS IN 1920-1921 As it was necessary for the Kemalist Turkey to abolish the results of the Treaty of Sèvres, it came to an understanding with the Soviet Russia and gained assistance of its Red Army. Thus, the Turkish detachments returned into Nakhijevan on July 28, 1920, though they were driven out of it earlier by the forces of the Republic of Armenia. The latter one agreed to consider this district a "contestable" territory and adopted the deployment of the Bolshevik Army in it. Taking into account the fatal course of the Turkish-Armenian War of 1920, the official Yerevan did not reject on October 28 the future referendum in Nakhijevan; and the RSFSR accepted the unshakeable right of Armenia in regard to this district. However, the Alexandropol Treaty was signed on December 2, and the Republic of Armenia referred a conduct of referendum and control over the whole area to the Turkish Army. This Treaty deprived Armenia of the sovereign rights regarding Nakhijevan. Subsequent stubbornness of Turkey, together with its contribution to the Sovietization of Azerbaijan, produced the Treaty of Moscow, signed on March 16/18, 1921. This transaction grossly violated the international law and without participance of the third party – independent, though sovietized but mutinous Armenia, had transferred trusteeship over Nakhijevan to Azerbaijan. On October 13, 1921, Armenia got a tiny territorial cession, sanctioned the Treaty of Kars and recognized the new status of Nakhijevan.

scholarly journals The Third-Party Revocation Action System: Status Quo, Theoretical Controversy and Improvement

2018 ◽  
Vol 11 (4) ◽  
pp. 139
Author(s):  
Zheni Liang
Keyword(s):  
Academic Community ◽  
Third Parties ◽  
Third Party ◽  
Practical Significance ◽  
Republic Of China ◽  
Existing Problems ◽  
The Third ◽  
The People ◽  
Rights And Interests ◽  
The Third Party

The third-party revocation action is a new system established in the Civil Procedure Law of the People's Republic of China of 2012. Although the academic community is quite controversial, it is undeniable that due to the increasing use of the judicial system to infringe on the rights and interests of others. For example, infringement of the lawful rights and interests of the parties or third parties through false litigation, malicious litigation, imposing litigation, etc., the third-party revocation action as a system that can effectively protect the legitimate rights and interests of third parties outside the case has great practical significance in China. Therefore, how to better understand and apply the third-party revocation system has become a problem that must be paid attention to by the current theoretical and practical circles. On the basis of introducing the system of revocation of the third party in China, the article discusses the existing problems such as the scope of the parties, the litigation procedure and the application of similar procedures.The article proposes that the third party with independent claim and the third party without independent claim should be brought into the scope of the third-party revocation action’s subject. As for the choice of the procedure, the procedure of first instance should be applied to the trial of the third-party revocation action. When a lawsuit and an application for retrial by an outsider can be applied simultaneously, the litigant can only be allowed to choose one procedure. If the litigant simultaneously initiates a lawsuit for cancellation by a third party and the outsider applies for retrial, the third-party revocation action shall be applied preferentially.

scholarly journals THE OPTIMIZATION OF LOCAL GOVERNMENT ASSET UTILIZATION IN SUPPORTING LOCAL INCOME (PAD): AN EMPIRICAL STUDY IN SALATIGA CITY, CENTRAL JAVA, INDONESIA

2021 ◽  
Vol 56 (5) ◽  
pp. 415-423
Author(s):  
Suwardi ◽  
Achmad Choerudin
Keyword(s):  
Asset Management ◽  
City Government ◽  
Third Party ◽  
Survey Method ◽  
The Third ◽  
Central Java ◽  
The People ◽  
Strategic Value ◽  
The Third Party ◽  
Asset Size

This study aims to optimize the utilization of the Local Government's asset in supporting Local Original Income (PAD) in Salatiga City, involving: (1) Asset lease to a third party not based on leasing tariff because Salatiga City Government has not had Local Regulation yet about redistribution of local wealth; (2) The direct use of income resulting from the asset leasing to the third party in which the leasing income is used directly for repairing the damaged object. It is because of an agreement loosely governing right and obligation; and (3) Inadequate supervision over object/asset that the third party can utilize. This research uses a survey method conducted in Salatiga, Central Java, Indonesia, which involves relevant regional apparatus organizations, resource persons, and community leaders. The local asset has strategic value. The quality of asset management should be improved along with the attempt to optimize local income. The effectiveness and efficiency of institutional management can be seen, among others, from the comparison between asset size and income. Asset management of Salatiga City Government is conducted, not merely referring to legislation. However, it should also pay attention to usefulness value to improve local original income and usefulness to the people. This research found that asset optimization is inhibited by the function sustainability of internal management and legislative technique.

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.

Pendapat Stakeholder Tentang Kesyariahan Produk-Produk Financial Derivative

2015 ◽  
Vol 1 (4) ◽  
pp. 289
Author(s):  
Doni Kurniawan ◽  
Nisful Laila
Keyword(s):  
Qualitative Methods ◽  
Third Party ◽  
The Internet ◽  
Market Activity ◽  
The Third ◽  
The People ◽  
Financial Derivative ◽  
The Third Party ◽  
Derivatives Markets ◽  
Economy System

The purpose of this study is Knowing and explaining how comments from stakeholders regarding sharia product of derivatives markets and how the mechanism, as well as to Knowing whether the derivatives market activity is growing rapidly both to the individuals who are involved in it and outside it can arouse the hearts of the people of the opinion sharia and their impact on the Indonesian economy system orderThis study used qualitative methods, dhelpimethod , namely by conducting interviews to stakeholders consisting of practitioners , academics , expert in jurisprudence , and representatives from the community . Supporting data obtained from the articles on the derivatives market , a book about the derivatives market , the internet , journals , and relevant parties in the field. Results from this study is that of the third -party stakeholders , consisting of, practitioners , academics , and jurists , found in derivative transactions may be declared, and the opinion of the academics that derivative transactions including greetings “Maghrib” ( maiysir , gharar , riba ' )

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party
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