Book IX of the draft civil code of Québec: Private international law

This chapter presents Emirati perspectives on the Hague Principles. The United Arab Emirates (UAE) are a federal State that was established in 1971. Private international law, civil procedure, and arbitration all are federal matters that are covered by federal laws. Private international law is codified in a section of the UAE Civil Code (Federal Law No 5 of 1985) that deals in Articles 10 to 28 with ‘The application of the law regarding the place’. The section also contains the conflict of law rules applicable to international commercial contracts. The statutory provisions of the Civil Code are, in practical terms, the most important source of law when determining the law applicable to an international contract in the UAE. According to Article 22 of the Civil Code, international treaties, to the extent they apply, override the provisions of municipal law. Moreover, Article 23 of the Civil Code provides that in the absence of any statutory provision, ‘the [general] principles of private international law’ shall apply. This provides the UAE courts with the option to make reference to international standards such as the Hague Principles.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 34 Qatar: Qatari Perspectives on the Hague Principles

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0034 ◽

2021 ◽

Author(s):

Elrifai Silke Noa

Keyword(s):

International Law ◽

Civil Code ◽

Private International Law ◽

Federal Law ◽

Conflict Of Laws ◽

Law System ◽

Financial Centre ◽

The Hague ◽

Legal Frameworks

This chapter addresses Qatari perspectives on the Hague Principles. The State of Qatar has two legal frameworks: the onshore civil law system and the offshore common law-based the Qatar Financial Centre, established in 2005 and not covered in this chapter. In onshore Qatar, private international law is codified in Articles 10–38 of Subchapter 3 (conflict of laws in space) of Chapter 1 of the Qatar Civil Code (Federal Law No 22 of 2004). In comparison to its European counterparts, the Qatari private international law codification contains significant gaps. Though only promulgated in 2004, Articles 10–38 are near copies of the conflict of law rules contained in the Egyptian Civil Code of 1949, with a few differences. In accordance with Article 34 Civil Code, ‘the [general] principles of private international law’ shall apply in the case of a conflict of laws absent any statutory provision. The provision opens the doors for Qatari courts to refer to the Hague Principles.

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

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0036 ◽

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.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 15 Mauritius: Mauritian Perspectives on the Hague Principles

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0015 ◽

2021 ◽

Author(s):

Cupido Robin

Keyword(s):

International Law ◽

Future Development ◽

Civil Code ◽

Law Reform ◽

Private International Law ◽

Commercial Law ◽

Conflict Of Laws ◽

The Past ◽

The Status ◽

The Hague

This chapter discusses Mauritian perspectives on the Hague Principles. The Code Civile Mauricien (Mauritian Civil Code) governs most private and commercial law matters and is thus one of the main sources of Mauritian law. Another main source is the Constitution of Mauritius 1968. It is important to note that there is no constitutional imperative for courts to consider international law when interpreting legislation, which could be a contributing factor to the lack of development of a cohesive private international law regime in Mauritius. The Law Reform Commission of Mauritius has thus been reviewing the status of private international law in Mauritius over the past five years and has issued several reports and studies on the matter. The chapter then investigates the extent to which Mauritian private international law already reflects the content of the Hague Principles and how this set of principles could influence the future development of the conflict of laws in Mauritius.

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

Journal of Russian Law ◽

10.12737/10722 ◽

2015 ◽

Vol 3 (5) ◽

pp. 0-0

Author(s):

Татьяна Лазарева ◽

Tatyana Lazaryeva

Keyword(s):

International Law ◽

Russian Federation ◽

Legal Regulation ◽

Civil Code ◽

Private International Law ◽

Conflict Of Laws ◽

The Russian Federation ◽

The Law ◽

Contractual Obligations ◽

Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

30 South Korea

10.1093/law/9780198808589.003.0030 ◽

2018 ◽

Author(s):

Hong Suhn-Kyoung ◽

Cheong Seong-Koo

Keyword(s):

South Korea ◽

International Law ◽

Legal Framework ◽

Civil Code ◽

Private International Law ◽

Cross Border ◽

The Law ◽

The Right ◽

Insolvency Proceedings ◽

Governing Law

This chapter discusses the law of set-off in South Korea, along with certain restrictions on the exercise of the right of set-off in insolvency proceedings. The legal framework for set-off in South Korea is based on the Civil Code. The courts have also generally supported set-off as a means of satisfying a claim or discharging debt. The Korean Private International Law does not expressly lay down the governing law for set-off. This governing law issue is commonly discussed under two scenarios: set-off is undertaken on the basis of a set-off agreement between the parties; and set-off is undertaken in the absence of an agreement. The chapter first considers the governing law of contractual and non-contractual set-off in South Korea before turning to set-off between solvent parties and set-off against insolvent parties. It also analyses issues arising in cross-border set-off.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 27 Israel: Israeli Perspectives on the Hague Principles

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0027 ◽

2021 ◽

Author(s):

Einhorn Talia

Keyword(s):

International Law ◽

Civil Code ◽

Private International Law ◽

International Obligations ◽

The Hague ◽

International Sale Of Goods

This chapter reflects on Israeli perspectives on the Hague Principles. Israeli private international law (PIL) has not been codified. The only statute having a rather comprehensive set of PIL rules is the Succession Law, 5765-1966. The PIL rules contained in the separate statutes were included in the Draft Civil Code, but apart from the Draft CC chapter on succession, which contains a comprehensive set of PIL rules, their fragmentary contents have been retained in the various chapters. With one exception, namely, contracts for the international sale of goods, no conflict rules governing international commercial contracts have been adopted by the Knesset. Regarding Israel’s international obligations, Israel is a member of the Hague Conference on Private International Law and has ratified a number of the Hague Conventions. However, at this point in time, especially in view of the paucity of conflict rules adopted by the Knesset, it is difficult to predict whether the Knesset would adopt the Hague Principles in an Israeli statute.

Peru: Private International Law in New Civil Code of 1984

International Legal Materials ◽

10.1017/s0020782900029788 ◽

1985 ◽

Vol 24 (4) ◽

pp. 997-1014

Author(s):

Alejandro M. Garro

Keyword(s):

International Law ◽

Civil Code ◽

Private International Law