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 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.

The Conflict of Laws in India

2019 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Contemporary World ◽  
Territorial Conflicts ◽  
Critical Issues ◽  
Recent Developments ◽  
The Subject ◽  
The Law

Conflict of laws, or private international law, is an increasingly important subject of study due to increasing movement and relocation of large number of people from one jurisdiction to another for personal and professional reasons. This book is a detailed and up-to-date study of conflict of laws and focuses on its three main areas: the law of obligations, law of property, and law of persons. It provides fresh perspectives on the subject and analyses its significance in the dynamic contemporary world. The work not only lucidly examines the inter-territorial conflicts but also lays a special emphasis on inter-personal disputes in the Indian context. It evaluates the role of various international instruments and conventions including The Hague Convention on private international law designed to resolve international conflicts. The book also discusses critical issues such as habitual residence, domicile, and obligations for shaping foreign contracts and torts. This revised edition elaborates on the recent developments in two areas of the subject, namely Muslim law and the law relating to guardianship.

Modern Approaches to Private International Law and Conflicting Provisions on Legal Aid in Civil Cases

2020 ◽  
Vol 27 (1) ◽  
pp. 177-188
Author(s):  
Iryna Dikovska
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
International Treaties ◽  
Legal Aid ◽  
Conflict Of Laws ◽  
Eu Member States ◽  
The Law ◽  
Contractual Obligations ◽  
The Right

Part of the legal aid treaties between Ukraine and other states contains rules concerning conflict of laws. Where those that determine the law applicable to contractual obligations, family, and hereditary relations are not in line with current approaches to determining the law applicable to the specified groups of relations. The purpose of the paper is to uncover the differences between the regulation of conflict of laws in private relations in the legal aid treaties between Ukraine and some EU countries and the modern approaches to the regulation of conflict of laws in such relations, contained in other sources of private international law; an explanation of how to solve conflicts between legal aid treaties and other international treaties; outlining the main areas of improvement of rules concerning conflict of laws in legal aid treaties. The methods of the study were comparative, dialectical, and Aristotelian, which allowed to identify the problems of regulation of conflict of law in legal aid treaties and to draw conclusions for their elimination. Application of these methods allowed to find out that lex loci contractus is most often used to regulate contractual obligations in the absence of an agreement of the parties on the choice of applicable law. The agreement between Ukraine and Romania does not provide for the choice of the law for contractual obligations. Legal aid treaties imperatively determine the law applicable to the property relations of the spouses. They apply a dualistic approach to determining the right to inherit. It has been established that competition between the rules of this Convention and the rules of legal aid treaties between Ukraine and Poland and Ukraine and Estonia should be decided in favour of the Hague Convention. It is proposed to amend the legal aid treaties concluded between Ukraine and the EU Member States: the rules concerning conflict of laws, which define the law applicable to contractual, family, and hereditary relations should be revised using the relevant EU regulations as a model.

scholarly journals ISOLATION OF CHILDREN IN FOREIGN ABODES DUE TO CROSS BORDER BROKEN MARRIAGES

2018 ◽  
pp. 203-208
Author(s):  
Archana Shah
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Global Village ◽  
Child Abduction ◽  
Cross Border ◽  
Foreign Countries ◽  
International Child ◽  
The Hague ◽  
The Hague Convention

The world has become a global village and distance is no more the challenge. The direct impact of this positive change can be seen in interaction of various citizens of different countries belonging to diverse social, cultural and religious background. But cross border movements, inter-country migration and cross border marriages creates a new challenge like inter parental child abduction. In case of cross border broken marriages, there arise various issues like infringement of spouse’s parental rights, parallel conflicting legal disputes in different countries, non participation of various countries to Hague convention for welfare of children, isolation of child in foreign abodes due to connection with Indian soil, etc. Inter parental child abduction is neither considered as an offence, nor it is covered under any statutory laws of India. Like 94 nations, India is not a signatory to The Hague Convention on Civil Aspects of International Child Abduction, 1980, a multi lateral treaty developed by Hague Conference on Private International Law. Due to its non signatory status the judges of foreign countries do not trust Indian courts and do not permit the parent to take child to India, fearing its non-return. In absence of any international legal instrument, the litigating parents will have to bear unnecessary expenses of visa, travel, litigation, etc and unfortunate child will become a trophy to be won in the clashes of egos of litigating parents.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 48 Switzerland: Swiss Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Graziano Thomas Kadner ◽  
Meyle Hannes
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Civil Procedure ◽  
Private International Law ◽  
Applicable Law ◽  
Foreign Law ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Law ◽  
The Hague Convention

This chapter describes Swiss perspectives on the Hague Principles. Switzerland is a Contracting State to the Hague Convention of 15 June 1955 on the Law Applicable to International Sale of Goods. For contracts other than commercial sales, the applicable law is determined by the Swiss Federal Act on Private International Law (PILA). It covers jurisdiction, international civil procedure, applicable law, and the recognition and enforcement of foreign judgments. The Swiss PILA therefore constitutes an all-inclusive, comprehensive codification of private international law. For many issues, the rules contained with the PILA are already in conformity with those in the Hague Principles. Where the Hague Principles cover issues that have not yet been explicitly addressed by the PILA, such as choice of non-State rules in Article 3 of the Hague Principles, or conflicting choice of law clauses in standard forms in Article 6(1)(b) of the Hague Principles, the legislator may very well take the Hague Principles into consideration when amending the PILA. In fact, the Swiss legislator regularly takes inspiration from international and foreign law when amending the law or covering new issues.

The Revocation of wills in South African Private International Law

2007 ◽  
Vol 56 (3) ◽  
pp. 613-621
Author(s):  
Jan L Neels
Keyword(s):  
International Law ◽  
South African ◽  
Hague Convention ◽  
Specific Reference ◽  
Private International Law ◽  
The South ◽  
Conflict Of Laws ◽  
Marriage And Divorce ◽  
The Hague ◽  
The Hague Convention

This article deals with the revocation of wills in South African private international law with reference to other Commonwealth jurisdictions and the provisions of the Hague Convention on the Conflict of Laws Relating to the Form of Testamentary Dispositions (1961). Specific reference is made to section 3bis(1) (d) of the South African Wills Act 7 of 1953 (which is partially based on Article 2 of the Convention) and to revocation of wills by marriage and divorce.

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