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

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.

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

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 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 12 Democratic Republic of the Congo: Congolese Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Monsenepwo Justin
Keyword(s):  
International Law ◽  
Democratic Republic ◽  
Civil Code ◽  
Private International Law ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Republic Of The Congo ◽  
The Hague ◽  
Code Book

This chapter highlights Congolese perspectives on the Hague Principles. It first outlines the sources of private international law for international commercial contracts in the Democratic Republic of the Congo. Until July of 2016, Articles 8–15 of the Decree of May 4, 1895 (Title II of the Civil Code Book I) constituted the most relevant national source of private international law. As of January of 2019, there is no plan from the Congolese authorities for the adoption of new conflict of laws provisions after the repeal of Title II of the Congolese Civil Code I. If new rules of private international law were developed and adopted, the Hague Principles could theoretically play an important part in providing the Congolese lawmakers with apt rules on choice of law in international commercial contracts. However, since most Congolese lawmakers, judges, and legal advisors do not know the Hague Principles yet, their use for the development of new statutes is practically unlikely. Hence, it is important to widely diffuse the Hague Principles in the Democratic Republic of the Congo.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 13 Egypt: Egyptian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Ibrahim Badr Yehya Ikram
Keyword(s):  
International Law ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Party Autonomy ◽  
Applicable Law ◽  
Transfer Of Technology ◽  
The Hague ◽  
Egyptian Government ◽  
Made In

This chapter presents Egyptian perspectives on the Hague Principles. The Egyptian private international law rules for international commercial contracts are found mainly in the Egyptian Civil Code no 131/1948 and the Egyptian Arbitration Code no 27/1994. Egyptian private international law, in general, accepts party autonomy as a private international law rule for determining the applicable law to international contracts. However, the Egyptian legislature has decided to exclude certain contracts, such as contracts for the transfer of technology and commercial agency, from the private international law rule in respect of party autonomy. To date, the Egyptian government has not expressed any plans to revise Egyptian private international law, despite some Egyptian scholars believing that the Egyptian conflicts rules are outdated and in desperate need of being replaced with more modern rules in this regard. Nonetheless, Article 24 of the Egyptian Civil Code allows the Egyptian Courts to resort to ‘[t]he principles of private international law [which] apply in the case of conflict of laws for which no provision is made in the preceding articles’. In principle, the courts are therefore allowed to refer to the Hague Principles to supplement either Article 19 of the Egyptian Civil Code or Article 39 of the Egyptian Arbitration Code.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 63 Paraguay: Paraguayan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Rodríguez José Antonio Moreno
Keyword(s):  
Latin America ◽  
Member State ◽  
International Law ◽  
International Institute ◽  
Private International Law ◽  
State Law ◽  
Conflict Of Laws ◽  
Commercial Code ◽  
The World ◽  
The Hague

This chapter highlights Paraguayan perspectives on the Hague Principles. Paraguay does not have a law dealing comprehensively and organically with Private International Law. The Civil and Commercial Code of 1987 contains the basic regulation on conflict of laws, and other provisions on the field can be found scattered in several special laws dealing with specific matters. Paraguay adhered, as a Member State, to the Hague Conference on Private International Law via Law 2555 of 2005. It is the first country in the world to legislate on international contracts heavily influenced by the Hague Principles. The Paraguayan law on international contracts drawn upon the Hague Principles openly allows the application of non-State law, and the International Institute for the Unification of Private Law (UNIDROIT) Principles clearly qualify as such.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 39 United Arab Emirates: Emirati Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Bälz Kilian
Keyword(s):  
International Law ◽  
United Arab Emirates ◽  
Civil Code ◽  
International Standards ◽  
Federal State ◽  
Private International Law ◽  
International Treaties ◽  
Federal Law ◽  
The Hague ◽  
The 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, 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.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 56 Brazil: Brazilian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Gama Lauro ◽  
Tiburcio Carmen ◽  
Albuquerque Felipe
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Party Autonomy ◽  
Article 9 ◽  
Legislative Proposals ◽  
Rules And Principles ◽  
Legislative Initiative ◽  
The Hague ◽  
The 1960S

This chapter evaluates Brazilian perspectives on the Hague Principles. Despite the proposition of several bills in the 1960s, no legislative initiative to modernize the Brazilian private international law has succeeded so far. The most recent legislative proposals have focused on modifying Article 9 of the Law of Introduction to the Norms of Brazilian Law (LINDB) rather than the whole system. One of these proposals, pending before the Senate, amends the Brazilian Code of Consumer Protection and updates and expands the contents of Article 9 LINDB. This bill incorporates several provisions of the Hague Principles; it states the basic principle of party autonomy and authorizes choice of law in respect of international contracts (B2B transactions). As Brazil still waits for law reform, the Hague Principles may be relevant as persuasive authority before the Brazilian courts. In this sense, the Hague Principles may be used in the interpretation, supplementation, and development of the applicable rules and principles of Brazilian private international law.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

Part VI Recurrent Issues of Harmonization, 20 The Sphere of Application of a Convention; the Role of the Conflict of Laws; Determining the Connecting Factor; Co-Existence and Conflicts of Instruments

2015 ◽  
Keyword(s):  
International Law ◽  
Past Experience ◽  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
Key Issues ◽  
Proper Design ◽  
The Impact

This chapter and the next two examine certain key issues which one may describe as the ‘general doctrines’ of transnational commercial law. In particular, the inter-relationship with rules of conflict of laws (private international law), the different function of the ‘connecting factor’ as well as the impact of the choice of a broader or narrower sphere of application are discussed in the light of past experience and current legislative preferences. Moreover, the ever increasing number of transnational commercial law instruments leads inevitably to issues of the proper design of their co-existence and the solution of conflicts: which are the rules determining which instrument shall prevail over others touching upon the same or neighbouring issues?

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

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.

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