scholarly journals Foreword

2020 ◽  
pp. 7-8
Author(s):  
Maciej Szpunar
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Current Volume ◽  
Recognition And Enforcement ◽  
The Creation

The current volume of “Problemy Prawa Prywatnego Międzynarodowego” — the leading Polish periodical in the field of private international law — is primarily devoted to the Regulation No 650/2012 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 (“the Succession Regulation”).

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.

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.

scholarly journals Report from the conference ”Application of the Succession Regulation in the EU Member States”, Katowice 12 September 2019

2020 ◽  
Vol 26 ◽  
pp. 241-252
Author(s):  
Krzysztof Pacuła
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
International Conference ◽  
Eu Member States ◽  
European Area ◽  
History Of ◽  
Recognition And Enforcement ◽  
The University ◽  
The Eu

On 12 September 2019, the premises of the Faculty of Law and Administration of the University of Silesia in Katowice (Poland) witnessed one of such events, which will arguably go down in history of private international law in Poland. On that day, the University hosted an international conference on the Regulation (EU) No 650/2012 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 (“the Succession Regulation”), and on the various issues relating to the succession matters within the European area of freedom, security and justice.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 48 Switzerland: Swiss Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Graziano Thomas Kadner ◽  
Meyle Hannes
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Civil Procedure ◽  
Private International Law ◽  
Applicable Law ◽  
Foreign Law ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Law ◽  
The Hague Convention

This chapter describes Swiss perspectives on the Hague Principles. Switzerland is a Contracting State to the Hague Convention of 15 June 1955 on the Law Applicable to International Sale of Goods. For contracts other than commercial sales, the applicable law is determined by the Swiss Federal Act on Private International Law (PILA). It covers jurisdiction, international civil procedure, applicable law, and the recognition and enforcement of foreign judgments. The Swiss PILA therefore constitutes an all-inclusive, comprehensive codification of private international law. For many issues, the rules contained with the PILA are already in conformity with those in the Hague Principles. Where the Hague Principles cover issues that have not yet been explicitly addressed by the PILA, such as choice of non-State rules in Article 3 of the Hague Principles, or conflicting choice of law clauses in standard forms in Article 6(1)(b) of the Hague Principles, the legislator may very well take the Hague Principles into consideration when amending the PILA. In fact, the Swiss legislator regularly takes inspiration from international and foreign law when amending the law or covering new issues.

scholarly journals Mimosmluvní závazkové poměry s mezinárodním prvkem z pohledu české autonomní úpravy

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 97-110
Author(s):  
Kateřina Holečková
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Level ◽  
International Jurisdiction ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Contractual Obligations ◽  
Border Elements

Private International Law is nowadays, to a large extent, regulated by European and international law and the scope of the application of autonomous national law is therefore limited. However, in case of non-contractual obligations with cross-border elements, this scope is still relatively broad, as certain matters are excluded from the regulation on the European and international level. The aim of this article is to analyze the regulation of non-contractual obligations with cross-border elements under the Czech Act on Private International law, namely its regulation of international jurisdiction, applicable law, and the recognition and enforcement of foreign judgements.

Part E Guarantees and Security, 34 Charges Over Ships

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Convention ◽  
Recognition And Enforcement ◽  
The Creation

In contrast to the position for aircraft, there is no international convention dealing with the recognition and enforcement of ship mortgages created under foreign systems of law. This chapter considers the regime for the creation of ship mortgages in England; and the rules of private international law applied by the English courts when considering a mortgage over a foreign vessel.

Cross-Border Intellectual Property Enforcement

2017 ◽  
Author(s):  
Eun-Joo Min ◽  
Johannes Christian Wichard
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Alternative Dispute Resolution ◽  
Global Environment ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Territorial Rights ◽  
Local Courts

This chapter identifies national and regional approaches adopted to ensure that intellectual property (IP) rights are enforceable in a global environment constituted by territorial rights that rely on local courts. It discusses reconsideration and recalibration of the private international law (PIL) rules that govern IP relationships in relation to jurisdiction, applicable law and recognition and enforcement. The chapter also explores the emergence of new fora for cross-border IP enforcement, through either trade or investment arrangements or privately designed alternative dispute resolution (ADR) mechanisms. It concludes by underscoring the continued relevance of the territoriality of IP rights, and the importance of coherence and mutual consistency between the different legal systems and regimes of cross-border IP enforcement.

scholarly journals The Hague Judgments Convention and How We Negotiated It

2020 ◽  
Author(s):  
Jin Sun ◽  
Qiong WU
Keyword(s):  
International Law ◽  
Great Influence ◽  
Negotiation Process ◽  
Private International Law ◽  
Mutual Benefit ◽  
Global Circulation ◽  
Recognition And Enforcement ◽  
The Hague

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China’s negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome.

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.

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