scholarly journals Decisions in the field of international private law in the practice of the Novi Sad court of cassation between two world wars

2008 ◽  
pp. 121-130
Author(s):  
Petar Djundic
Keyword(s):  
World War I ◽  
Case Law ◽  
Private Law ◽  
Choice Of Law ◽  
Cross Border ◽  
Internal Conflicts ◽  
International Private Law ◽  
Recognition And Enforcement ◽  
The Will ◽  
Novi Sad

This article analyzes decisions in the field of International Private Law of the Novi Sad Court of Cassation, the highest court in Vojvodina during the period between two world wars. Decisions of the Court concerned with the conflict of laws issues were extremely rare during this period. Available case law contains literary one decision dealing with the choice of law problems in cross-border disputes. On the other hand, internal conflicts of laws were much more common as a result of the fact that The Kingdom of Serbs, Croats and Slovenes (from 1929 onwards - The Kingdom of Yugo?slavia) was the country with seven different systems of civil law in force in its territory. Choice of law rules were scant and underdeveloped. Case law of the Court is somewhat more developed when it comes to decisions concerned with international jurisdiction of the courts, recognition and enforcement of foreign decisions and issues of international civil procedure. However, one should bear in mind that many of the disputes with cross--border implications originated not from the will of the parties, but rather as a result of the change of sovereignty over the territory of Vojvodina after World War I.

scholarly journals PRIVATE INTERNATIONAL LAW IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES

2019 ◽  
pp. 169-182
Author(s):  
M. V. MAZHORINA ◽  
L. V. TERENTYEVA ◽  
B. A. SHAKHNAZAROV
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
General Principle ◽  
Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Cross Border ◽  
Sovereign Equality ◽  
International Private Law ◽  
Information And Communication

The process of globalization, the development of information and communication technologies, networking are changing society dramatically and, as a result, its superstructure — law. International private law, by virtue of its own subject matter and special methodology, is at the forefront of the corresponding changes. The paper examines the problems of defining the concept of territorial sovereignty in the non-territorial information space that are of serious importance in relation to private international law. Its principles are the general principle of the sovereign equality of states, acting as a general principle for private international law, and a special principle of the sovereign equality of national law of states. The problem of the realization of the territorial nature of the conflict of attachment formulas and the grounds of international jurisdiction in relation to a certain segment of the extra-territorial information space is posed. The issue of conditionality of the adaptation of the principles and methodology of legal regulation of public relations in the conditions of digital technologies by the need to understand the conditions and boundaries of the implementation of sovereignty, the jurisdiction of the state in the information and communication space is investigated. The processes comprehended within the framework of the science of international private law are to some extent relevant for other branches of law. This paper analyzes such indicators of current changes in the legal paradigm as the impact of information and telecommunication technologies on the development of private international law, the place and increasing importance of non-state regulation in the process of streamlining cross-border private law relations, and the development of non-state systems for resolving cross-border disputes. The authors touch upon the problems of the use of blockchain technologies and the protection of intellectual property in cross-border private law relations; private adhocracy rulemaking, the formation of various social phenomena in the key lex mercatoria, the influence of international commercial arbitration, online platforms on the formation of current trends in the field of resolution of crossborder disputes, etc.

scholarly journals LEGAL REGULATION OF CROSS-BORDER BANKRUPTCY OF LEGAL ENTITIES

2021 ◽  
Vol 9 (10) ◽  
pp. 1345-1350
Author(s):  
Azamat Ergashev ◽  
Keyword(s):  
Rapid Development ◽  
Analytical Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Point Of View ◽  
Private Law ◽  
Theoretical Point ◽  
Cross Border ◽  
International Private Law ◽  
Legal Entities

The last decade has been marked by the rapid development of International private law within the framework of globalization and unification of norms. Therefore, in the international community, the issue of interethnic application and harmonization of rules and norms for individual emerging legal relations becomes acute. This article examines the issue of legal regulation of cross-border bankruptcy of legal entities. In particular, the author provides a number of statistics and analytical data from a number of countries (developed and developing) in order to substantiate the point of view on this issue.Moreover, the author examines foreign law enforcement practice and the legal framework on bankruptcy and insolvency of legal entities. Considering the bankruptcy procedure, the author comes to the conclusion that this issue has not been sufficiently studied both from a theoretical point of view and from a practical one. Within the framework of this study, sufficient arguments are made to accelerate the resolution of conflicts in International private law. As a result, the author gives some conclusions and suggestions applicable both in the Republic of Uzbekistan and in other states.

scholarly journals Procedencia de exequatur de sentencia extranjera de divorcio dictada en rebeldía del demandado: comentario al auto de la Audiencia Provincial de Tarragona, de 21 de enero de 2019 = The recognition and enforcement of foreign divorce judgment rendered in absentia of the defendant: notes to the judicial decree of the Provincial Court of Tarragona, of January 21, 2019

2019 ◽  
Vol 11 (2) ◽  
pp. 636
Author(s):  
Lerdys S. Heredia Sánchez
Keyword(s):  
Private Law ◽  
International Treaties ◽  
Judicial Decisions ◽  
International Private Law ◽  
Marriage Dissolution ◽  
Recognition And Enforcement

Resumen: El presente comentario analiza el Auto dictado por la Audiencia Provincial de Tarragona en referencia a la obligación, impuesta por el Derecho internacional privado español, de aplicar los Tratados internacionales en los que España sea parte a fin de homologar las resoluciones judiciales extranjeras relativas a divorcio. En particular, si se trata de un divorcio en el que el demandado ha sido declarado en rebeldía.Palabras clave: apelación, exequátur, sentencia extranjera, auto, rebeldía demandado.Abstract: This paper analyzes the Act of the Spanish Court of Appel of Tarragona about the recognition and enforcement of the Judgment of Court of Morocco about a marriage dissolution. The comment refers to the obligation, imposed by the Spanish international private law, to apply the international treaties to which Spain is a party in order to enforcement foreign judicial decisions about divorce, specially, when de defendant is in absentia in the procedure.Keywords: exequatur procedure, appeal, marriage dissolution, divorce, international treaties.

scholarly journals Escolha Implícita da Lei nos Contratos Internacionais: Caso Faraday Reinsurance v. Howden North America

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Daniela Copetti Cravo
Keyword(s):  
Human Rights ◽  
North America ◽  
Rio Grande ◽  
Comparative Law ◽  
Case Law ◽  
Rio Grande Do Sul ◽  
Choice Of Law ◽  
The Will ◽  
Made In

ESCOLHA IMPLÍCITA DA LEI NOS CONTRATOS INTERNACIONAIS:  CASO FARADAY REINSURANCE V. HOWDEN NORTH AMERICA IMPLICIT CHOISE OF LAW IN INTERNATION CONTRACTS: FARADAY REINSURANCE V. HOWDEN NORTH AMERICA CASE Daniela Copetti Cravo*RESUMO: A escolha da lei aplicável aos Contratos Internacionais pelas partes, a qual é embasada nos direitos humanos, é amplamente aceita no direito comparado, sendo utilizada quase que universalmente. Essa escolha poderá ocorrer de duas formas, isto é, de maneira expressa ou implícita e é, justamente nessa segunda forma, em que reside a problemática abordada pelo presente estudo, o qual possui como objeto a investigação de como a escolha implícita da lei deverá ser identificada e, posteriormente, interpretada pelo juiz ou árbitro, tendo em vista que nem sempre essa tarefa se dará de uma maneira clara e sem dificuldades. Para tanto, esse estudo utilizará a abordagem dedutiva, bem como se apoiará na análise de caso concreto e na investigação bibliográfica, de doutrina nacional e estrangeira. PALAVRAS-CHAVE: Autonomia da Vontade. Escolha Implícita da Lei. Indícios. ABSTRACT: The choice of law applicable to international contracts by the parties, which is grounded in human rights, is widely accepted in comparative law, and is used almost universally. This choice can occur in two ways, namely, expressly or implicitly and it is precisely this second way in which lies the problem addressed by this study, which has as its object the investigation of how the implicit choice of law should be identified and subsequently interpreted by the judge or arbitrator, considering that not always this task will be made in a clear way and without difficulties. For this purpose, this study will use deductive approach and will be based on case law analysis and bibliographic research of national and foreign doctrine. KEYWORDS: Autonomy of the Will. Choice Implicit of Law. Evidences. SUMÁRIO: Introdução. 1. Autonomia da Vontade nos Contratos Internacionais. 2. A Escolha Implícita da Lei nos Contratos Internacionais. 2.1. Como se Opera a Escolha Implícita. 2.2. Determinação da Lei Escolhida pelas Partes: Análise dos Indícios. 3. Análise do Caso Faraday Reinsurance Co. Ltd. v. Howden North America Inc. 3.1. Análise das Circunstâncias do Caso. 3.2. Análise dos Fundamentos Adotados como Razão de Decidir. Conclusão. Referências.* Doutoranda em Direito pela Universidade Federal do Rio Grande do Sul. Mestre em Direito pela Universidade Federal do Rio Grande do Sul.

scholarly journals LAW APPLICABLE FOR THE REPRESENTATIONTO EXERCISE THE CORPORATE RIGHTS OF SHAREHOLDERSIN POLISH COMPANIES

2017 ◽  
Vol 28 (1) ◽  
pp. 129-160
Author(s):  
Krzysztof Tapek
Keyword(s):  
Limited Liability ◽  
Private Law ◽  
European Law ◽  
Legal Regime ◽  
Public Companies ◽  
Corporate Rights ◽  
Cross Border ◽  
International Private Law ◽  
Polish Law

Shareholders of Polish companies dispose of various rights – property as well as corporate. Majority of corporate rights can be exercised by a representative. Representation, in this regard includes two categories: proxy and statutory rep-resentation. Regulations concerning representation vary, depending on kind of company in which they are used (limited liability companies, joint – stock com-panies or public companies, whose regulation is influenced by European law). In current study representation to exercise corporate rights of shareholders will be examined on the meta-law level. Provisions of international private law shall be observed to determine that which country’s legal regime shall be applied to interpret the institution of representation in cross-border situations. Additionally, it is necessary to distinguish the scopes of laws applicable for different issues connected with representation. The dissertation is aimed to address all abovementioned questions with the reference to European and Polish law.

scholarly journals Digital Platforms and International Private Law, or Is There a Future for Cyber Law?

Lex Russica ◽  
2019 ◽  
pp. 107-120 ◽  
Author(s):  
M. V. Mazhorina
Keyword(s):  
Information And Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Paradigm Shifts ◽  
Digital Platforms ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
International Private Law ◽  
Cyber Law ◽  
Internet Law

Modern economy and society are reconfigured in connection with the emergence and development of digital platforms, which is figuratively referred to as “uberization of everything”. This became possible with the development of information and communication technologies and the formation of cyberspace. The key problem for lawyers is the construction of the legal superstructure of cyberspace, which leads to the emergence of a number of concepts: cyberlaw, “platform law”, internet law etc. However, while science is trying to comprehend the relevant paradigm shifts, a huge array of cross-border transactions are made by consumers with platformtype companies; cross-border disputes are resolved through online dispute resolution (ODR) procedures in international commercial arbitration or courts; law enforcement practice is being formed, which responds to the challenges of the cyber environment. It is the tools of private international law that are most in demand in regulating the relevant relations. What would be more viable in modern conditions: international private law or cyber law?

scholarly journals Transformation of the principles of international private law in the digital age

2021 ◽  
Vol 109 ◽  
pp. 01003
Author(s):  
Mariia Aleksandrina
Keyword(s):  
Public Relations ◽  
Digital Technologies ◽  
Private Law ◽  
Cross Border ◽  
Modern Development ◽  
International Private Law ◽  
Digital Development ◽  
Economic Transaction ◽  
Legal Understanding ◽  
Civil Contract

The article focuses on the problem of transformation of the content of the principles of international private law in the context of digital development of the state, society and economy. The implementation and transformation of the principles of international private law in relation to the main types of cross-border public relations related to digital technologies are studied. It is established that in the context of the development of digital technologies, the most obvious transformation of the principles can be traced precisely in the process of concluding and executing smart contracts. A smart contract does not fit into the traditional criteria for determining either a civil contract or a foreign economic transaction. There is no uniform legal understanding of this phenomenon. It is noted that the content of the norms regulating modern cross-border private law relations related to the use of digital technologies should be built (along with other industry categories) on the basis of the principles of international private law, which, in turn, are transformed in connection with the needs of modern development of digital technologies and correspond to them.

scholarly journals Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 1-16
Author(s):  
Maria Dymitruk ◽  
Jacek Gołaczyński ◽  
Maria Kaczorowska ◽  
Piotr Rodziewicz
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Order ◽  
The European Union ◽  
Cross Border ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Definition Of

The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.

scholarly journals Provisional Security of Creditors in Cross-border Civil and Commercial Matters

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 129-148
Author(s):  
Neža Podgorelčnik Vogrinec
Keyword(s):  
European Union ◽  
Case Law ◽  
The Other ◽  
The European Union ◽  
Provisional Measure ◽  
Member States ◽  
Cross Border ◽  
Recognition And Enforcement

Provisional measures can be of utmost importance to creditors especially in relationships with a cross-border element. The Regulation 1215/2012 is the legal source that provides rules regarding the jurisdiction to issue a provisional measure but also offers imperfect provisions regarding the recognition and enforcement of foreign provisional measures issued in the other Member States of the European Union. Due to the inadequate regulation, CJEU case law has played an important role, but nevertheless, the article finds and opens new questions that have not yet been answered.

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