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.

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.

Cross-Border Intellectual Property Enforcement

2017 ◽  
Author(s):  
Eun-Joo Min ◽  
Johannes Christian Wichard
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Alternative Dispute Resolution ◽  
Global Environment ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Territorial Rights ◽  
Local Courts

This chapter identifies national and regional approaches adopted to ensure that intellectual property (IP) rights are enforceable in a global environment constituted by territorial rights that rely on local courts. It discusses reconsideration and recalibration of the private international law (PIL) rules that govern IP relationships in relation to jurisdiction, applicable law and recognition and enforcement. The chapter also explores the emergence of new fora for cross-border IP enforcement, through either trade or investment arrangements or privately designed alternative dispute resolution (ADR) mechanisms. It concludes by underscoring the continued relevance of the territoriality of IP rights, and the importance of coherence and mutual consistency between the different legal systems and regimes of cross-border IP enforcement.

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 Globalized Cross-Border Insolvency Law: The Roles Played by China

2021 ◽  
Author(s):  
Zinian Zhang
Keyword(s):  
International Law ◽  
Legal Status ◽  
Private International Law ◽  
Insolvency Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Foreign Judgment ◽  
Judicial Assistance ◽  
First Time

AbstractThis study empirically investigates China’s participation in the globalized cross-border insolvency collaboration system. It is the first time for the development of China’s cross-border insolvency law to be examined against the background of private international law on foreign judgment recognition and enforcement. The findings of this article reveal that foreign bankruptcy representatives face considerable difficulties in satisfying the treaty and reciprocity requirements when seeking judicial assistance from China, and that local protectionism in favour of China’s state-owned and state-linked companies undermines foreign bankruptcy representatives’ confidence in approaching China’s courts for support. Although there are several court recognitions of foreign bankruptcy judgments in China, this article finds that they are only used to acknowledge the legal status of foreign bankruptcy representatives to meet the demands of government authorities; Chinese courts have not taken a substantial step in recognizing a foreign bankruptcy judgment so as to bar individual creditors’ action in the interest of a foreign bankruptcy proceeding. On the contrary, for Chinese bankruptcy representatives seeking assistance abroad, they could take advantage of the liberal judicial infrastructure, especially of some advanced jurisdictions, to obtain recognition and relief.

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.

Part V Family Law, 26 Cross-border Surrogacy

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Human Rights ◽  
International Law ◽  
Family Law ◽  
Private International Law ◽  
International Level ◽  
Surrogate Mothers ◽  
Cross Border ◽  
Human Fertilisation ◽  
Legal Problems ◽  
The Uk

This chapter examines issues surrounding the regulation of cross-border surrogacy. There is a complete void in the regulation of surrogacy arrangements at the international level, with no specific provisions designed to regulate this emerging area of international family law. In the absence of a global legislative response, highly complex legal problems arise. Among these problems, the key private international law issue is legal parenthood, along with nationality and immigration. This chapter first addresses the issue regarding legal parenthood as it relates to cross-border surrogacy before discussing the diversity in national approaches to surrogacy. It then analyses the UK approach to surrogacy, focusing on ‘section 54’ requirements of Human Fertilisation and Embryology Act 2008 and authorisation of payments to surrogate mothers that exceed the reasonable pregnancy-related expenses, and concludes with an overview of human rights considerations relating to cross-border surrogacy.

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?

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 44 Iceland: Icelandic Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Þorláksson Eiríkur Elís
Keyword(s):  
International Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Law ◽  
The Republic ◽  
Contractual Obligations

This chapter focuses on Icelandic perspectives on the Hague Principles. The constitution of the Republic of Iceland does not contain any provisions on the principles of private international law. Moreover, there is no general act on private international law in force in Iceland. However, legislation on specific aspects of private international law, such as conflicts of the laws of contract and recognition and enforcement of foreign decisions, can be found in Icelandic law. Moreover, individual provisions on recognition and enforcement, jurisdiction, and choice of law can be found throughout Icelandic legislation. The legislative act which applies to contractual obligations in the field of private international law in Iceland is Act No 43/2000 on the law applicable to contractual obligations. There are no other acts that explicitly aim to address choice of law issues other than Act No 43/2000, but individual provisions can be found indicating the choice of law in specific areas of law; otherwise, Icelandic courts will apply general principles to the case at hand. There is currently no revision of Act No 43/2000 under discussion in Iceland.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 30 Lebanon: Lebanese Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Kobeh Marie-Claude Najm
Keyword(s):  
International Law ◽  
Civil Procedure ◽  
Private International Law ◽  
Choice Of Law ◽  
International Jurisdiction ◽  
Foreign Law ◽  
Statutory Law ◽  
Rules And Principles ◽  
Recognition And Enforcement ◽  
The Hague

This chapter evaluates Lebanese perspectives on the Hague Principles. In Lebanon, private international law rules in respect of international commercial contracts are not codified. There are statutory rules governing certain areas of private international law, some of which might be relevant in cases where international commercial contracts are litigated. This is the case for rules on international jurisdiction (Articles 74–80 Code of Civil Procedure, hereafter CCP), recognition and enforcement of foreign decisions (Articles 1009–1024 CCP), international arbitration (Articles 809–821 CCP) and the application of foreign law (Articles 139–142 CCP). Given the rarity of private international law statutory rules, and specifically the absence of statutory choice of law rules for international commercial contracts, it was up to the courts to shape conflict of law rules for these contracts.. In this respect, Lebanese courts do not have the authority to refer to the Hague Principles as persuasive applicable rules, ie to use them to interpret and supplement the applicable rules and principles of private international law. Nevertheless, it should be noted that Article 4 CCP invites the courts, in the absence of statutory law, to rely on ‘general principles, custom and equity’.

Los efectos patrimoniales de las parejas no registradas en Derecho internacional privado español = The patrimonial effects of unregistered couples in Spanish Private International Law

2018 ◽  
Vol 10 (1) ◽  
pp. 127
Author(s):  
María Asunción Cebrián Salvat
Keyword(s):  
International Law ◽  
Economic Consequences ◽  
Private International Law ◽  
International Jurisdiction ◽  
Applicable Law

Resumen: El nuevo Reglamento 1104/2016 se ocupa de la competencia judicial internacional, la Ley aplicable y el reconocimiento de decisiones relativas a los efectos patrimoniales de las uniones de hecho registradas. ¿Pero qué ocurre con los efectos patrimoniales de las uniones de hecho no registradas? Estas comunidades de vida, cada vez más comunes en España, conllevan también consecuencias económicas. Cuando se acaba el amor empiezan los litigios. Los integrantes de la pareja pueden reclamar alimentos debidos, pensión por desequilibrio, adjudicación de la vivienda y del ajuar familiar o posibles derechos sucesorios. En este trabajo se analizará la competencia judicial internacional y la Ley aplicable al patrimonio de las parejas de hecho no registradas en Derecho internacional privado español.Palabras clave: Normas de producción interna, competencia judicial internacional, ley aplicable, parejas de hecho, parejas no casadas, uniones de hecho.Abstract: New Regulation 1104/2016 deals with the assessment of international jurisdiction, applicable law and extraterritorial validity of decisions relating to the patrimonial effects of registered partnerships. The patrimonial effects of unregistered couples remain subject to domestic rules. These unions are more and more common in Spain and they also entail economic consequences. When love ends, litigation starts. The former partners can proceed against each other claiming for maintenance, compensatory allowances, rights of use and occupancy of the house or household effects and potential inheritance rights. This paper addresses the determination of international jurisdiction and applicable law on these matters under Spanish private international law.Keywords: Domestic rules, international jurisdiction, applicable law, civil partnerships, unmarried couples, de facto unions.

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