scholarly journals Computing Private International Law

2021 ◽  
Author(s):  
Guido Governatori ◽  
Francesco Olivieri ◽  
Antonino Rotolo ◽  
Abdul Sattar ◽  
Matteo Cristani
Keyword(s):  
International Law ◽  
Original System ◽  
Efficient Algorithms ◽  
Private International Law ◽  
Legal Systems ◽  
Computational Framework ◽  
Modal Extension ◽  
Reasoning Patterns

This paper develops a new comprehensive computational framework for reasoning about private international law that encompasses the reasoning patterns modeled by previous works [3,8,9]. The framework is a multi-modal extension of [10] preserving some nice properties of the original system, including some efficient algorithms to compute the extensions of normative theories representing legal systems.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 36 South Caucasus: South Caucasian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Kupelyants Hayk
Keyword(s):  
International Law ◽  
Civil Code ◽  
Soft Law ◽  
Private International Law ◽  
Legal Systems ◽  
The South ◽  
South Caucasus ◽  
Customary International Law ◽  
The Hague

This chapter explores South Caucasian perspectives on the Hague Principles. The rules of private international law in all three South Caucasian countries—Armenia, Georgia, and Azerbaijan—are primarily contained in statutes: the Chapter of Private International Law in Armenia (1998) and separate statutes on Private International Law in Azerbaijan (2000) and Georgia (1998). Article 1253(1) of the Armenian Civil Code and Article 1(2) of the Azerbaijani Act provides that the courts may apply international customs in the area of private international law. In so far as the Hague Principles amount to or eventually crystallize into customary international law, the courts may give effect to the Hague Principles in that manner. Before that happens, there is nothing in the legal systems of either of the three jurisdictions preventing the courts from citing for explanatory and persuasive reasons soft law instruments, such as the Hague Principles. That said, stylistically the judgments of the South Caucasian jurisdictions are often drafted in a very concise and skeletal manner. Soft law instruments and commentary might influence the reasoning of the judges, but they would rarely refer to them in the text of the judgment.

Evasion of Law in Private International Law

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Тихон Подшивалов ◽  
Tikhon Podshivalov
Keyword(s):  
Public Policy ◽  
International Law ◽  
Effective Means ◽  
Private International Law ◽  
Legal Systems ◽  
Indefinite Number ◽  
Characteristic Features ◽  
Definition Of ◽  
Evasion Of Law ◽  
Legal Consequences

The article is devoted to the definition of the conditions under which it is possible to apply the rules on evasion of law in civil relations complicated by a foreign element. It is possible to recognize evasion of law only by identification of characteristic features of this legal phenomenon in private international law. The author substantiates the idea that the dispute about the validity of imposing a ban on evasion of law in private international law doesn’t have political and legal importance: should not deny the theory of evasion of law, but to define the conditions under which it is possible to apply the norms of evasion of law. The problem is how to make the norms of evasion of law an effective means of suppression to disservice of an indefinite number of people, the protection of public policy. When imposing a ban on the evasion of law the most important is the question of the pending consequences when and where the acts of evasion of law will be revealed. The article deals with the question of identification the legal consequences of qualification of actions as done through evasion of law. Besides, the article attends to the response to “evasion of law” in the national legal systems.

scholarly journals SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’

2021 ◽  
Author(s):  
Milka Rakočević ◽  
Ilija Rumenov
Keyword(s):  
International Law ◽  
Family Law ◽  
Private International Law ◽  
Mutual Trust ◽  
Legal Systems ◽  
The European Union ◽  
Political Decision ◽  
Cross Border ◽  
Complex Cross ◽  
The Hague

New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.

A Conflict Of Laws Companion

2021 ◽  
Keyword(s):  
International Law ◽  
Academic Community ◽  
Private International Law ◽  
Legal Systems ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
University Of Oxford ◽  
Recognition And Enforcement ◽  
The University

This collection of essays is written in honour of Adrian Briggs, Professor of Private International Law at the University of Oxford. It recognises his outstanding contributions to the study and practice of the conflict of laws in England and internationally. The essays, written by experts from several legal systems, address topics ranging across the subject’s conventional lines of demarcation (jurisdiction, choice of law and the recognition and enforcement of judgments) and extending to its frontiers. Each of them engages with a particular aspect of the subject’s work. Separately, Professor Briggs’ close colleagues outline his many contributions to teaching and the wider academic community in Oxford and elsewhere.

The Conflict of Personal Laws, Part II

1970 ◽  
Vol 5 (3) ◽  
pp. 337-351
Author(s):  
Edoardo Vitta
Keyword(s):  
Characteristic Function ◽  
International Law ◽  
The State ◽  
Private International Law ◽  
Legal Systems ◽  
The Will ◽  
The Law ◽  
Different Parts

The characteristic function of private international law is to declare the law applying to cases containing a foreign element, by pointing out the general principles upon which all the legislation on the matter is based and developed. The function of such principles is to help to specify the law considered appropriate in individual cases. Private international law knows several such principles such as domicile, nationality, the will of the parties, the place where a contract is concluded or where an immovable is situated, etc.Conflict of personal laws is also based on connecting principles, although of a different character. The main connecting principle is the ethnic or religious association of the parties. Nationality or domicile of the parties, the two connecting principles on which the main systems of private international law are based, may not be resorted to in the conflict of personal laws. Nationality may be taken as a basis for deciding which is the most appropriate law to be applied to the relationships between nationals of different States, but not for deciding which law is to be applied to parties who, being members of different legal systems, are nevertheless all nationals of the same State. As to domicile, it may help to solve a similar problem arising between persons domiciled in different countries or between persons domiciled in different parts of the same country within which different territorial laws are in force; but it can serve no useful purpose in relation to nationals of the same State to whom different laws apply by reason of their ethnic or religious origin and who live scattered throughout the whole of the territory of the State.

Key Concepts in Private International Law

2015 ◽  
Author(s):  
Denzil Lush
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Systems ◽  
Space And Time ◽  
Foreign Law ◽  
Key Concepts ◽  
Local Courts

Private International Law (PIL) deals primarily with the application of laws in space and time to decide the circumstances in which foreign law will apply. The local courts at a particular time are sovereign and can define as they wish, and place a boundary at that or any other time as they think appropriate. Unlike garden fences, the boundaries created by separate countries’ legal systems rarely meet, and can be in different places at different times. Each country has its own separate and distinct Private International Law rules which do not necessarily mesh with the PIL of another state.

scholarly journals Estudio jurídico del caso de Juana Rivas y Francesco Arcuri desde la perspectiva del Derecho Internacional Privado y del Derecho Civil = Legal study of the case of Juana Rivas and Francesco Arcuri from the perspective of Private International Law and Civil Law

2020 ◽  
Vol 12 (1) ◽  
pp. 728
Author(s):  
Javier Martínez Calvo ◽  
María Jesús Sánchez Cano
Keyword(s):  
International Law ◽  
Civil Law ◽  
Point Of View ◽  
Considerable Importance ◽  
Private International Law ◽  
Legal Systems ◽  
Legal Study ◽  
Child Abduction ◽  
The Media ◽  
Medios De Comunicacion

 Resumen: El presente trabajo tiene por objeto el estudio del denominado “Caso Juana Rivas”, cuyo desarrollo ha despertado la atención de los medios de comunicación. Dejando al margen el interés mediático, el asunto presenta notable importancia desde el punto de vista jurídico, debido a la presencia de elementos internacionales que vinculan la situación con dos ordenamientos jurídicos, el español y el italiano. Conviene, por tanto, abordar los interrogantes principales de la controversia desde un enfoque internacionalprivatista, así como desde el plano del Derecho comparado.Palabras clave: sustracción de menores, affidamento, collocazione, derecho de visitas, derecho de alimentos. Derecho comparado.Abstract: The purpose of this paper is to study the so-called “Juana Rivas Case”, which has at­tracted the attention of the media. Leaving media interest aside, the case is of considerable importance from a legal point of view, due to the presence of international elements that link the situation with two legal systems, Spanish and Italian. It is therefore appropriate to approach the main questions of the con­troversy from an international-privatist approach, as well as from the point of view of comparative law.Keywords: child abduction, affidamento, collocazione, visiting rights, right to support, Compara­tive law.

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