Globalized Cross-Border Insolvency Law: The Roles Played by China

This study empirically investigates China’s participation in the globalized cross-border insolvency collaboration system. It is the first time for the development of China’s cross-border insolvency law to be examined against the background of private international law on foreign judgment recognition and enforcement. The findings of this article reveal that foreign bankruptcy representatives face considerable difficulties in satisfying the treaty and reciprocity requirements when seeking judicial assistance from China, and that local protectionism in favour of China’s state-owned and state-linked companies undermines foreign bankruptcy representatives’ confidence in approaching China’s courts for support. Although there are several court recognitions of foreign bankruptcy judgments in China, this article finds that they are only used to acknowledge the legal status of foreign bankruptcy representatives to meet the demands of government authorities; Chinese courts have not taken a substantial step in recognizing a foreign bankruptcy judgment so as to bar individual creditors’ action in the interest of a foreign bankruptcy proceeding. On the contrary, for Chinese bankruptcy representatives seeking assistance abroad, they could take advantage of the liberal judicial infrastructure, especially of some advanced jurisdictions, to obtain recognition and relief.

Equality before the Law Principle in the Implementation of Legal Aid in Indonesia

Legal aid is a legal service provided to the beneficiaries of legal aid according to Law No. 18 of 2003 on Advocates. Considering there are still many people who do not understand that in Indonesia there is also legal aid provided by lawyers at no cost. The ineffectiveness of the application in providing legal aid in Indonesia is a legal issue that is interesting to study more in order to determine the main problems causing lack of effectiveness in the provision of legal aid in Indonesia, which will look for solutions from an idea into a formulation as optimization of legal aid in Indonesia. The issue will be seeking legal issues in the implementation of judicial assistance and formulation of how the application of legal aid may be optimized. This article reviews the development of legal aid as legal services provided by lawyers to people who are not able to freely in Indonesia.

Analysis on Criminal Governance of Bitcoin-related Corruption Cases

Bitcoin is extremely easy to be used in corruption cases due to its pseudonym, easy circulation, easy cross-border and other characteristics. As a decentralized electronic account book, the circulation of regulatory funds is jointly confirmed by each node in the bitcoin network, which can ensure the authenticity of the criminal evidence and is not easy to be lost or damaged. It provides great convenience for evidence collection in bitcoin corruption cases. However, there are also shackles in criminal governance, such as how to prove the subjective intent of the bribe takers, the impact of fluctuations in market value on the identification of the case and, most importantly, how to effectively recover stolen goods across borders. Therefore, the difficulty of bitcoin-related cases does not lie in the “anonymity” that some scholars believe, but lies in the determination of subjective intent, the determination of the amount of the crime and the international judicial assistance in recovering the stolen money.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 40 Vietnam: Vietnamese Perspectives on the Hague Principles

This chapter reflects on Vietnamese perspectives on the Hague Principles. In Vietnam, the sources of private international law in respect of international commercial contracts includes the bilateral judicial assistance treaties between Vietnam and related countries, among which eight treaties contain conflict rules for the content of the contract and eleven treaties contain conflict rules for the parties’ capacity in entering the contract. As for national legislation, which is established in Vietnam as the major source of private international law, the Vietnamese Civil Procedure Code (VCPC) 2015 provides for the procedures regarding civil disputes with foreign elements (Part VIII) and the recognition and enforcement of the decisions of foreign courts and the decisions of foreign arbitrators in Vietnam (Part VII). At the same time, the Vietnamese Civil Code (VCC) 2015 contains Part V which regulates the law applicable to civil relations involving foreign elements. As far as the Hague Principles are concerned, this is being addressed in the drafting stage of Part V of the VCC 2015 (on conflict rules). The influence of the Hague Principles on the Vietnamese legislature may be stronger when they are more well known in the future.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 64 Peru: Peruvian Perspectives on the Hague Principles

This chapter presents Peruvian perspectives on the Hague Principles. The principal provisions on Peruvian private international law are embedded in Book X of the Peruvian Civil Code. They date from 1984 and expressly grant parties the right to freely choose the law governing their contracts. These rules leave significant leeway for their interpretation to courts and omit the regulation of important issues related to the scope and limitations on the party autonomy. Still, they do offer a well-structured conflict of laws system capable of resolving in a systematic manner issues arising from international judicial assistance, competence of national courts, choice of law, and recognition and execution of decisions rendered abroad. The Peruvian conflict of law systems does not differentiate between commercial and non-commercial contracts; it does not include any definition of the concept of international contract. The Hague Principles can be used by Peruvian courts to fill lacunas in the Civil Code related to the limits and scope of choice of law agreements concluded by parties to contracts with international elements.

Perspective asupra evoluției garanției pentru evicțiune în dreptul roman

The vendor’s warranty against eviction is often seen as a corollary of the vendor’s obligation to transfer the durable, satisfactory and tangible possession on the sold goods; however, its evolution under the Roman Law, as well as its conceptual roots deserve a detailed approach. The study examines the auctoritas subsequent to the completion of a mancipatio, which had been designating, instead of the material and concrete act of judicial assistance in a court of law, the obligation to provide for this assistance and later the transferring of property act generating this type of obligation, while keeping in mind that, at the origins of the conception on the auctoritas one can find the vendor’s duty to assist the buyer in court when confronted with the third party’s attempt of eviction. The analysis also encompasses the progressive extension of the stipulatio duplae, in the perimeter of the transfer of rei mancipi sine mancipio, as well as in the case of the rei nec mancipi transferring. One may observe the manner in which the features of the auctoritas procedure are contoured as depicting the characteristics of a tort action or, more specifically, of an action of a mixt judicial nature valorising the plaintiff’s rights consequential to the eviction.

Head of a Young Woman: The thrilling recovery of a flying Picasso

The case of the illicit export of a Picasso painting by its owner and its confiscation and recovery by French and Spanish authorities provides an interesting example of the complexities of the transnational criminal, civil, and administrative law protection of national cultural heritage and of the ongoing efforts to achieve useful legal instruments at the European level, which foster and harmonize the current and often informal mechanisms of cooperation and judicial assistance among the different domestic enforcing agencies. It also attempts to show how Spanish authorities have made a legitimate, but possibly overreaching, use of existing European Union law in order to recover and appropriate a valuable work of art.