scholarly journals COMPENSATION FOR HARM CAUSED BY THE DEFECTS IN GOODS (WORK OR SERVICES) IN FOREIGN PRIVATE INTERNATIONAL LAW LEGISLATION

2017 ◽  
pp. 92-98
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Product Liability ◽  
Legal Regulation ◽  
Private International Law ◽  
Cascade System ◽  
Products Liability ◽  
Provision Of Services ◽  
Contractual Obligations ◽  
Article 5 ◽  
Escape Clauses

The article deals with the conflict of laws regulation of compensation for damage caused by a product (works or services) in private international law legislation of different countries. The specificities of legal regulation of such relations are determined by the necessity of supporting the balance of parties’ interests, protection of persons and legal bodies (“weaker party”), damaged by the defects of products (works or services), and stimulation of quality workmanship of producers and sellers of products, works and services. Formulation of special conflict-of-law norms in modern codifying acts in this area of regulation is explained by the specifics of such relations, which are become more multivarious, requiring the differentiated approach. The place of producing the product (execution of work, provision of services) in such relations can be not coincide with the place of ensuing of harmful consequences, caused by a product of defective quality. It is noted that the effect of the basic principle (lex loci delicti) for non-contractual obligations in the field of products liability (works, services) is limited by the establishment of special forms of attachment and escape clauses. On the basis of comparison of the legislation of certain countries, as well as Article 5 “Product liability” of the Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) tendencies of conflicts regulation in this area are identified, based on the “cascade” system of norms which allows to take into account various cases of causing of harm. It was concluded that, despite some differences, generally there is a trend towards harmonization of regulation of the relations concerned in the legislation of various countries.

The Product Liability Directive and Rome II Article 5: ‘Full Harmonisation’ and the Conflict of Laws

2011 ◽  
Vol 13 ◽  
pp. 435-461
Author(s):  
Simon Whittaker
Keyword(s):  
International Law ◽  
Product Liability ◽  
Private International Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Full Harmonisation ◽  
Contractual Obligations ◽  
Law And Legislation ◽  
Substantive Law ◽  
Article 5

AbstractThis article considers the possible relationship between EU legislation governing private international law and legislation governing substantive law in the light of recent moves towards ‘full harmonisation’ and calls for greater consistency and coherence in European law-making. For this purpose, it considers the Product Liability Directive and the special product liability provisions in Article 5 of the Rome II Regulation on the law applicable to non-contractual obligations and asks how the understanding of ‘product liability’ compares in these two instruments, especially in relation to the distinctions between public and private law, general and special regulation and contract and tort.

The Product Liability Directive and Rome II Article 5: ‘Full Harmonisation’ and the Conflict of Laws

2011 ◽  
Vol 13 ◽  
pp. 435-461
Author(s):  
Simon Whittaker
Keyword(s):  
International Law ◽  
Product Liability ◽  
Private International Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Full Harmonisation ◽  
Contractual Obligations ◽  
Law And Legislation ◽  
Substantive Law ◽  
Article 5

Abstract This article considers the possible relationship between EU legislation governing private international law and legislation governing substantive law in the light of recent moves towards ‘full harmonisation’ and calls for greater consistency and coherence in European law-making. For this purpose, it considers the Product Liability Directive and the special product liability provisions in Article 5 of the Rome II Regulation on the law applicable to non-contractual obligations and asks how the understanding of ‘product liability’ compares in these two instruments, especially in relation to the distinctions between public and private law, general and special regulation and contract and tort.

Conflict of Laws Regulation of Compensation for Harm Caused by the Defects in Goods, Work, or Services

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
Basic Principle ◽  
Product Liability ◽  
Federal Law ◽  
Cascade System ◽  
Products Liability ◽  
Conflict Of Laws ◽  
Legal Rules ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Article 5

The article deals with the conflict of laws regulation of compensation for damage caused by a product (works or services) in terms of amendments to Part III of the Civil Code of the Russian Federation by the Federal Law No. 260-FZ of September 30, 2013. It is noted that the effect of the basic principle (lex loci delicti) for non-contractual obligations in the field of products liability (works, services) is limited by the establishment of special forms of attachment due to the specifics of these relations that require a differentiated approach. On the basis of comparison of the legislation of certain countries, as well as Article 5 “Product liability” of the Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) tendencies of conflicts regulation in this area are identified based on the “cascade” system of norms, which allows to take into account various cases of causing of harm. It was concluded that despite some differences the Russian legal rules in general meet requirements of modern conflict of laws rules on product liability in most European countries.

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.

The new Uruguayan private international law: an open door to party autonomy in international contracts

2021 ◽  
Author(s):  
Eduardo Florio de León
Keyword(s):  
International Law ◽  
General Analysis ◽  
Private International Law ◽  
State Law ◽  
Open Door ◽  
Commercial Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
General Law ◽  
Contractual Obligations

Abstract On 17 November 2020, the General Law on Private International Law (Law 19.920) was approved. This Law resulted from a process of hard work that took over two decades of discussions and debates.1 With this Law, Uruguay becomes one of a group of countries that have already carried out this kind of reform, particularly in regard to international commercial law and international contracts. The new Law 19.920 allows parties to choose the applicable law (State or non-State law) to regulate their international contractual obligations. This reform has a real disruptive imprint since Uruguay leaves behind its old and anachronistic regulation of the matter. This article provides a general analysis of the regulation of international commercial law under Law 19.920 (Articles 13 and 51) and the new regime applicable to international contracts, including the parties’ right to choose the applicable law (Article 45) (State or non-State law), which increases their autonomy in comparison with the previous regime.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

Jurisprudence and Jurists’ Prudence: The Iranian-Forum Clause Decisions of the Iran-U.S. Claims Tribunal

1984 ◽  
Vol 78 (1) ◽  
pp. 1-52 ◽  
Author(s):  
Ted L. Stein
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
The Future ◽  
Effective System ◽  
Contractual Obligations ◽  
Contractual Choice ◽  
The Relationship

On November 5, 1982, the Iran-U.S. Claims Tribunal decided a series of nine cases presenting issues of the greatest significance for the future course of that Tribunal’s work. The issue for decision in each case was the effect of a contractual choice-of-forum clause on the Tribunal’s own jurisdiction, an issue likely to arise in a great many cases. Squarely presented were issues pertaining to the relationship between public and private international law, the content of a state’s obligation under international law to maintain an adequate and effective system of local remedies, and the scope of “changed circumstances” as a ground for release from contractual obligations.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 59 Costa Rica: Costa Rican Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Chan Anayansy Rojas ◽  
París Mauricio
Keyword(s):  
Costa Rica ◽  
International Law ◽  
Costa Rican ◽  
Private International Law ◽  
International Treaties ◽  
Commercial Arbitration ◽  
The Hague ◽  
The Law ◽  
Local Courts ◽  
Article 5

This chapter assesses Costa Rican perspectives on the Hague Principles. Costa Rica does not have a systematic and codified system that regulates conflicts of law, usually known in Costa Rica as private international law (PIL). Instead, the main sources of PIL in Costa Rica are: (i) international treaties; (ii) the Civil Code, the Code of Civil Procedures, and other domestic laws; and (iii) the Law on International Commercial Arbitration. In general, Costa Rica’s private international law regime, applicable to international commercial contracts, allows for parties to select the law of their choice as long as it does not breach public policy or harm a third party’s interest. According to Article 5 of the Organizational Law of the Judiciary, courts cannot excuse themselves from exercising their authority or from ruling in matters of their competence for lack of a rule to apply and they must do so in accordance with the written and unwritten rules. Unwritten rules refer to the general principles of law, usages and practices, and case law, according to the hierarchical order of their legal sources. Such rules serve to interpret, integrate, and delimit the field of application of law. Therefore, the local courts have limited themselves to only apply domestic law and have consequently restrained themselves from applying the Hague Principles or other soft law instruments as a persuasive authority source.

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