Part F Cross-Border Issues, 41 The Banker–Customer Contract in Private International Law

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
International Law ◽  
Portfolio Management ◽  
Customer Relationship ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Legal Nature ◽  
Governing Law ◽  
The Relationship ◽  
Gain Access

This chapter revisits the banker–customer relationship. The contractual nature of the relationship considered in Chapter 15 assumed that the bank was established in England and that its customer was also resident in the same country. However, that analysis is by no means of universal. Multinational companies, for instance, may need to have bank accounts in a number of different countries; wealthy individuals may opt to maintain accounts with banks in more advanced jurisdictions to gain access to portfolio management or other services. Banks may promote their services to overseas customers and wish to take security over assets situate outside England. How do these affect the legal nature of the banker–customer relationship? The chapter discusses the governing law of the banker–customer relationship; the effect and consequences of the applicable law; the law governing capacity and authority; and the situs of deposit obligations.

THE COMMON EUROPEAN SALES LAW, CONSUMER PROTECTION AND OVERRIDING MANDATORY PROVISIONS IN PRIVATE INTERNATIONAL LAW

2013 ◽  
Vol 62 (2) ◽  
pp. 463-483 ◽  
Author(s):  
Christopher Bisping
Keyword(s):  
International Law ◽  
Consumer Protection ◽  
Private International Law ◽  
Cross Border ◽  
Border Trade ◽  
The Common ◽  
Definition Of ◽  
Common European Sales Law ◽  
Relationship Of ◽  
The Relationship

AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions.

scholarly journals Defamation on Social Media

2021 ◽  
Vol 5 (1) ◽  
pp. 121-134
Author(s):  
Sandra Sakolciová
Keyword(s):  
Social Media ◽  
International Law ◽  
Case Law ◽  
Legal Framework ◽  
Status Quo ◽  
Private International Law ◽  
Online Environment ◽  
Negative Effects ◽  
Applicable Law ◽  
Cross Border

There is no doubt that social media have become a very important part of many people’s everyday life. The consequences of their usage is an increased engagement in defamation, most likely due to the aspect of anonymity present in the online environment. Such cross-border (or more precisely border-less) defamation raises difficult challenges in terms of jurisdiction and applicable law. These challenges, which will be analysed in more detail in the article, remain unresolved up until today. Moreover, negative effects occur not only within private international law itself, but status quo significantly influences the exercise of basic human rights, too. Besides analysing the existing EU legal framework and applicable case-law, the article also looks into the possible alternatives.

scholarly journals DIRECT ACTIONS AGAINST INSURERS IN CROSS-BORDER TRAFFIC ACCIDENTS IN AN EUROPEANISED PRIVATE INTERNATIONAL LAW – WHAT PROTECTION FOR THE INJURED PARTIES?

2020 ◽  
Vol 36 (3-4) ◽  
pp. 137-166
Author(s):  
Klea Vyshka
Keyword(s):  
Member State ◽  
International Law ◽  
Traffic Accidents ◽  
Third Parties ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Reformation ◽  
Liberal Approach ◽  
The Relationship

This article offers a discussion of the law applicable to cross-border traffic accidents, from the perspective of the protection of injured parties. The introduction of principles like direct actions against insurers by injured third parties (forum actoris), mostly because of CJEU’s liberal approach, puts into question the relationship between European private international law and national Member State rules of conflict-of-laws. This article aims to propose an answer to the question “Does the European private international law set of rules offer an adequate protection for the injured parties?” with the view of offering also a few recommendations for the reformation of the Rome II Regulation.

30 South Korea

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.

Protection of the Individual in Recent Private International Law Codification in Latin America

2019 ◽  
pp. 251-267
Author(s):  
Sebastián Paredes
Keyword(s):  
International Law ◽  
Latin American ◽  
Access To Justice ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Recent Developments ◽  
Civil Codes ◽  
The Individual ◽  
Traditional Approaches

This chapter presents an overview of the recent developments in Latin American private international law acts and civil codes for cross-border cases. International jurisdiction, applicable law and international judicial co-operation in recent private international law rules contained in national sources are the focus of analysis with special attention to solutions given by traditional approaches and theories but also by modern ones like the possibility to use non-State law for access to justice or for international commercial contracts. Other questions addressed in this chapter are: Is the protection of individuals improved in these new laws? How Latin Americans seek to deal with the decisive upsurge of human rights principles in post-modern private international law and cross border relationships and to fulfil access to justice?

scholarly journals Cross-Border Oil and Gas Transactions in Private International Law: Concept, Types, and Features of Regulation

2021 ◽  
Vol 16 (10) ◽  
pp. 153-162
Author(s):  
D. V. Andriyanov
Keyword(s):  
International Law ◽  
Oil And Gas ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Applicable Law ◽  
Cross Border ◽  
Wide Range ◽  
Legal Fact ◽  
Contractual Structures

The paper proposes to refer to cross-border oil and gas transactions as contracts mediating relations in the field of international circulation of hydrocarbons. These include all transactions complicated by a foreign element (foreign entity, object, legal fact) and concluded regarding the exploration, development, processing, transfer, transportation of oil and gas as a commodity in the course of entrepreneurial and investment activities. Based on the Russian and foreign doctrine of private international law, the author examines the most common transactions in the industry, analyzes their features, and also proposes a basic classification of contractual structures. In the absence of a wide range of international treaties governing cross-border oil and gas transactions, the author concludes that the conflict of laws method of determining the applicable law is dominant. The importance of non-state regulators lex petrolea is noted, capable of complementing, but not replacing, national legal regulation.

Foreign powers of attorney relating to real estate – the issue of the probative value of a document and the effectiveness of a legal act from the perspective of the land and mortgage registry court

2021 ◽  
Vol II (II) ◽  
pp. 27-49
Author(s):  
Paweł Czubik
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Power Of Attorney ◽  
Bilateral Agreements ◽  
Probative Value ◽  
Cross Border ◽  
Bilateral Agreement ◽  
Governing Law

The role of foreign powers of attorney in contemporary legal and economic transactions is constantly growing. This is due to the widespread labour migration and, paradoxically, in the last year, also with difficulties in cross-border movement during the COVID-19 pandemic. In judiciary and notarial practice, the assessment of foreign documents, including powers of attorney, is a threestage process. Firstly, the court should pay attention to the probative value of a foreign document. In principle, it is equal to the probative value of a national document (Article 1138 of the Code of Civil Procedure). Only certain categories of documents require consular legalization. It is used when there is no bilateral agreement eliminating or reducing this requirement with the country where the document has been issued. In the case of many countries, legalization was replaced by the apostille clause provided for in the 1965 Hague Convention. Secondly, the court should analyse the formal effectiveness of the legal act, taking into account the principles derived from Article 25 of the 2011 Private International Law Act and, in some cases, bilateral agreements. Last but not least, thirdly, the court should examine the material effectiveness of the act. The governing law of the power of attorney may, pursuant to Article 23 of the Private International Law Act, be subject to the choice of law rule. This text is a guide for courts on how to deal with foreign powers of attorney in land and mortgage registry proceedings.

Report on the Kyoto Guidelines of the ILA Committee on Intellectual Property and Private International Law

2021 ◽  
Author(s):  
Moritz Sutterer
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Validity Claims

Abstract In 2010 the International Law Association (ILA) formed a committee to develop a new set of rules on intellectual property and private international law. In 2020 the committee presented its work at the 79th Kyoto Conference of the ILA. The ‘Kyoto Guidelines’ cover all areas of IP and all aspects of private international law. This report presents the Kyoto Guidelines and particularly looks at four questions of private international law: initial ownership; jurisdiction and applicable law in cases of multi-state infringements; validity claims of registered rights which arise incidentally; and cross-border collective copyright management.

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.

scholarly journals ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT

2018 ◽  
Vol 22 (3) ◽  
pp. 153-164
Author(s):  
I. A. Goddard
Keyword(s):  
International Law ◽  
Standard Form ◽  
Private International Law ◽  
Conflict Of Laws ◽  
International Convention ◽  
Construction Contracts ◽  
Cross Border ◽  
Legal Nature ◽  
Construction Activity ◽  
Lex Mercatoria

The article gives a thorough analysis of various means of regulation of trans-border private law issues, including trans-border construction activities, based on a contract. The author analyses the sources of law, applicable in the sphere of construction, their types and specific areas of application with regard to practice. Analysing the sources of international and national law, the author comes to the conclusion that it is necessary to take into account their specifics and development tendencies when drafting cross-border construction contracts. The author compares international and national sources of law, types of regulation at conventional and national levels and comes to the conclusion that the conventional and national sources of law are closely interconnected. Private international law; standard form contracts; construction contract; lex mercatoria; construction activity regulation, international convention, conventional regulation, conflict of laws, foreign trade transactions, standard contracts; contract, building contract; lex mercatoria; regulation of construction activities.

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