Switzerland

2020 ◽  
Author(s):  
Tina Wüstemann ◽  
Marco Frigg
Keyword(s):  
Family Members ◽  
Related Services ◽  
Cross Border ◽  
Complex Cross ◽  
Foreign Law ◽  
Swiss Law

Swiss law does not recognize the concept of trusts (although it does recognize trusts created under foreign law). Hence a trust cannot be governed by Swiss law. Yet, Switzerland is seen by many foreigners as an attractive place to live and trusts are often imported by settlors relocating to Switzerland. Switzerland’s popularity as a hub for trust administration and related services has risen during the last years and so has the number of litigation matters involving trust structures. Trustees have become increasingly involved in Swiss proceedings and are frequently parties to complex cross-border disputes; the trustees become a target for aggrieved beneficiaries and family members or ex-spouses.

scholarly journals Conflict of Laws: Jurisdiction of the Court and Choice of Law in Cross-Border Matrimonial Suit in India

2017 ◽  
pp. 80-87
Author(s):  
Indrani Kundu
Keyword(s):  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Civil Union ◽  
Foreign Law ◽  
Marriage Laws ◽  
The Difference ◽  
Domestic Law ◽  
Legal Procedures

Marriage, a civil union between two persons, involves some legal procedures which determine the rights and liabilities of parties in such civil union. Conflict of marriage laws is the conflict of laws governing status and capacity to marry defined by personal laws of parties to the marriage. Rules of Conflict of Laws are set of procedural rules which determine A) which legal system will be applicable to a given dispute, & B) which Court will have jurisdiction to try the suit.In the words of Dicey and Morris, rules of Private International Law do not directly determine the rights and liabilities of persons, rather it determines the jurisdiction of Court and the choice of body of law i.e. whether by the domestic law or by any foreign law, the case will be decided. This paper, by adopting doctrinal approach, seeks to find the criteria for Indian court to exercise jurisdiction in cross border matrimonial suit. Further, it endeavors to find out the difference between term ‘domicile’ and ‘residence’.

Part F Cross-Border Issues, 46 Liability for Branch Deposits and the Impact of Foreign Law

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
Control Laws ◽  
Cross Border ◽  
Foreign Law ◽  
Blocking Orders ◽  
Exchange Control ◽  
The Impact

This chapter examines the extent to which a bank based in England is liable to meet the deposit obligations of its foreign branches if, for some reason, they are prevented from doing so directly. It considers the impact of a foreign branch; the consequences of an outbreak of war; the effect of a foreign expropriation law; the effect of other forms of seizure; exchange control laws; the effect of a foreign moratorium; and blocking orders.

scholarly journals ФОРМУВАННЯ ІННОВАЦІЙНОЇ ІНФРАСТРУКТУРИ НА ЗАСАДАХ ТРАНСКОРДОННОГО ПАРТНЕРСТВА

2019 ◽  
Vol 125 (4) ◽  
pp. 30-37
Author(s):  
Олена Володимирівна Зарічна
Keyword(s):  
Large Scale ◽  
Public Private Partnerships ◽  
Infrastructure Development ◽  
Business Incubators ◽  
Business Climate ◽  
Related Services ◽  
Economic Relations ◽  
Cross Border ◽  
Innovation Infrastructure ◽  
The One

The paper discusses the research findings on building innovation infrastructure in the framework of cross-border partnerships within the European vector of foreign economic relations development. The key strategic areas for creating business incubators and enhancing integration processes in terms of cross-border partnerships are identified. The alternative ways of funding innovative projects and providing support for innovation infrastructure in the context of cross-border collaboration in the form of public-private partnerships are suggested. The paper argues that public-private partnerships in cross-border cooperation involves not the whole spectrum of relations between communities within the territories of neighbouring states but only those that are associated with general use public infrastructure development and related services provision. Evidence is given that, on the one hand, cross-border infrastructure itself acts as an object of investment, and on the other one, is an essential prerequisite of investment attractiveness and economic growth. It is briefly explained that building an innovation infrastructure on the basis of cross-border partnerships will contribute to: improving the business climate and building environment for investments inflow into Ukrainian economic regions; increasing turnover, boosting small and medium entrepreneurship; creating and maintaining cross-border economic and business incubators, clusters, enhancing and further developing of infrastructure. It is specified that the integration of the developed innovation infrastructure with education, research and business brought together provides for building efficient industry innovation chains, implementing the full cycle of competitive scientific and technological product development – from a research idea to a large-scale manufacturing.

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.

scholarly journals Managing Flood Hazard in a Complex Cross-Border Region Using Sentinel-1 SAR and Sentinel-2 Optical Data: A Case Study from Prut River Basin (NE Romania)

2021 ◽  
Vol 13 (23) ◽  
pp. 4934
Author(s):  
Cătălin I. Cîmpianu ◽  
Alin Mihu-Pintilie ◽  
Cristian C. Stoleriu ◽  
Andrei Urzică ◽  
Elena Huţanu
Keyword(s):  
Risk Management ◽  
Flood Risk ◽  
Flood Hazard ◽  
Flood Risk Management ◽  
Hazard Maps ◽  
Cross Border ◽  
Complex Cross ◽  
Flood Hazard Maps ◽  
Prut River ◽  
Sentinel 2

In this study, an alternative solution for flood risk management in complex cross-border regions is presented. In these cases, due to different flood risk management legislative approaches, there is a lack of joint cooperation between the involved countries. As a main consequence, LiDAR-derived digital elevation models and accurate flood hazard maps obtained by means of hydrological and hydraulic modeling are missing or are incomplete. This is also the case for the Prut River, which acts as a natural boundary between European Union (EU) member Romania and non-EU countries Ukraine and Republic of Moldova. Here, flood hazard maps were developed under the European Floods Directive (2007/60/EC) only for the Romanian territory and only for the 1% exceeding probability (respectively floods that can occur once every 100 years). For this reason, in order to improve the flood hazard management in the area and consider all cross-border territories, a fully remote sensing approach was considered. Using open-source SAR Sentinel-1 and Sentinel-2 data characterized by an improved temporal resolution, we managed to capture the maximum spatial extent of a flood event that took place in the aforementioned river sector (middle Prut River course) during the 24 and 27 June 2020. Moreover, by means of flood frequency analysis, the development of a transboundary flood hazard map with an assigned probability, specific to the maximum flow rate recorded during the event, was realized.

scholarly journals Syndicate Marriage or Trafficking? The Travails of Asian Migrant Women

2022 ◽  
Vol 12 (1) ◽  
pp. 106
Author(s):  
Muhamad Helmi Md Said ◽  
Grace Emmanuel Kaka ◽  
Muhammad Amrullah Bin Drs Nasrul ◽  
Tinuk Dwi Cahyani
Keyword(s):  
Women Victims ◽  
Human Trafficking ◽  
Research Method ◽  
Family Members ◽  
Migrant Women ◽  
Asian Countries ◽  
Cross Border ◽  
Bilateral Agreement ◽  
The World ◽  
Job Opportunity

Migration is a phenomenon that has come to stay. It cuts across all nations in the world. People migrate for different purposes such as education, marriage, labour, job opportunity or employment and shelter for refugees. Migration occurs through various mediums which could be self, family members, friends, or other intermediaries such as brokers. This research applied the pure library-based research method to highlight the activities of brokers in migration in Asia and examine the ordeals of women victims in cross-border migration. It was discovered that activities of these illegal brokers, that is also known as syndicates, are not different from human trafficking. The women victims, whose desires are to change their status, soon got trapped in uncertainty with shattered dreams, hence the suggestion that Asian countries enter into bilateral agreement to enable favourable and a less strict migration procedures for their member states. In addition, the contracting states should enact strict legislation to curb syndicate marriage and check the accesses of these illegal brokers.   Received: 13 October 2021 / Accepted: 21 November 2021 / Published: 3 January 2022

Civic Stratification Within Cross-Border Families: Mainland Chinese Children and Wives in Hong Kong

2019 ◽  
Vol 16 (2) ◽  
pp. 301-316 ◽  
Author(s):  
Clara Wai-chun To
Keyword(s):  
Hong Kong ◽  
Social Reproduction ◽  
Family Members ◽  
Chinese Children ◽  
Social Rights ◽  
Policy Changes ◽  
Citizenship Rights ◽  
Mainland Chinese ◽  
Cross Border ◽  
The Right

The extant literature on family-related migration has examined the civic stratification of the right to family reunification of citizens and non-citizens and the citizenship rights of their reunited family members. However, civic stratification amongst immigrant family members has received less attention. Accordingly, the current study highlights the significance of immigration status and social reproduction in the hierarchisation of the residency and social rights of Mainland Chinese children and spouses within cross-border families in Hong Kong, particularly since the policy changes in 2003. This study asserts that children are valued as prospective contributory citizens, and thus, they are afforded preferential treatment over spouses, who are mostly women, whose contribution to the reproduction of family and society are undervalued by central and local states.

scholarly journals Confl ict Regulation of Debtor’s Transactions Invalidity in Cross-Border Insolvency

2021 ◽  
Vol 16 (1) ◽  
pp. 147-155
Author(s):  
M. I. Polshkova
Keyword(s):  
Legal Regulation ◽  
European Regulation ◽  
Applicable Law ◽  
Cross Border ◽  
Judicial Practice ◽  
Foreign Law ◽  
Bankruptcy Procedure ◽  
The Stability ◽  
Relationship Of

Given the lack of proper legal regulation of both cross-border insolvency in general and the invalidity of transactions in cross-border insolvency in the Russian law, the author analyzes Russian judicial practice revealing the problem of determining applicable law in challenging the debtor’s transactions in the framework of the insolvency procedure. The author concludes that the Russian judicial practice shows that determination of the law applicable to the invalidity of transactions is contingent on the existence of a bankruptcy procedure and on the grounds for recognizing the transaction as invalid. Based on the analysis of the European regulation of legal issues applicable when challenging the debtor’s transactions in cross-border insolvency, the author considers possible exceptions to the conflict of laws lex fori concursus for certain categories of third parties to be protected from unexpected interference in the legal relationship of the parties to foreign law in order to ensure the stability of the turnover and maintain legal certainty.

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