Hague Convention on the Law Applicable to Traffic Accidents

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Ирина Хлестова ◽  
Irina KHlyestova
Keyword(s):  
Traffic Accidents ◽  
Direct Action ◽  
General Rule ◽  
Hague Convention ◽  
Applicable Law ◽  
The Hague ◽  
The Law ◽  
Contractual Obligations ◽  
The Right ◽  
The Hague Convention

The article analyses of the Hague Convention on Law Applicable to Traffic Accidents of the 4 May 1971. Article 2 of the Hague Convention lays down the general rule: the applicable law is the internal law of the State where the accident occurred. At the same time the Hague Convention states a lot of exemptions from this general rule. In some cases it leads to the application of the law of the country of the vehicle’ registration involved in the accident. The Hague Convention determines the action sphere of the applicable law. The feature of the Hague Convention is that persons who suffered injury or damage has the right of direct action against insurer of the person liable. The problems of correlation of the provisions of the Hague convention and EC Regulation on the law applicable to non-contractual obligations of the 11 July 2007 were considered in the article.

IV Trust Arbitration as a Matter of International Law, 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition

2016 ◽  
Author(s):  
von Segesser Georg
Keyword(s):  
Hague Convention ◽  
Conflict Of Laws ◽  
Binding Effect ◽  
Applicable Law ◽  
The Hague ◽  
The Law ◽  
Substantive Law ◽  
The Hague Convention ◽  
International Conventions ◽  
Selection Of

This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Sections III and IV cover international conventions and, in particular the Hague Trust Convention, as sources for the selection of the applicable law. Section V deals with the validity and effect of arbitration agreements while Section VI considers the effects of a choice of-law-clause and the binding effect of such a clause for the arbitral proceedings. Section VII addresses the effect of specific conflict of laws rules of the Hague Trust Convention on the law applicable to the merits in international trust arbitration disputes.

scholarly journals PARTY AUTONOMY IN THE HAGUE CONVENTION ON THE LAW APPLICABLE TO AGENCY

2020 ◽  
Vol 24 (4) ◽  
pp. 1205-1223
Author(s):  
Tatiana V. Novikova
Keyword(s):  
Hague Convention ◽  
Third Party ◽  
International Agency ◽  
Practical Application ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
The Hague ◽  
The Law ◽  
The Right ◽  
The Hague Convention

The research is relevant due to development of transboundary private legal relations, including agency, recourse to party autonomy and the Hague Convention on the Law Applicable to Agency (the Hague Convention of 1978) potential of practical application. The goal is to analyze the party autonomy standards stipulated by the Hague Convention of 1978, to assess the place of the indicated norms within the system of international norms regarding party autonomy and to make conclusions on potential of its practical application. The main specific legal methods are historical and comparative. Due to insufficient scientific elaboration on the matter the main materials were the international treaty norms, including different language versions and translations, and profound travaux préparatoires enabling to clear up the contents of the norms. The main results include the following conclusions. Firstly, in spite of standpoint widespread in Russian jurisprudence the Hague Convention of 1978 acknowledges party autonomy for two legal relations and stipulates liberal standard for agent and principal relations and strict - for the agents authority in principal and third party relations. Secondly, the Hague Convention of 1978 has the potential of practical application as a part of lex fori of its states parties by court and as a collection of internationally accepted norms by international commercial arbitration. In conclusion the author stresses that it is important for Russian participants of international civil intercourse to have the right perception of the Hague Convention of 1978 norms when choosing a forum for disputes arising out of their international agency agreements.

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.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

10. International Relocation and Child Abduction

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Hague Convention ◽  
International Relocation ◽  
Child Abduction ◽  
International Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Hague ◽  
The Law ◽  
The Hague Convention ◽  
The Eu

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, ie how the English courts have dealt with applications to relocate out of the jurisdiction (eg Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

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.

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