scholarly journals SYNCHRONIZATION OF APPLICABLE LAW WITH FORUM IN SUCCESSION AND MATRIMONIAL PROPERTY MATTERS IN THE EU AND UKRAINE

2021 ◽  
Author(s):  
I. Dikovska
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
International Jurisdiction ◽  
Applicable Law ◽  
The Law ◽  
The Republic ◽  
Criminal Matters ◽  
The Eu

The purpose of this paper is to determine the ways of synchronization of applicable law with forum in succession and matrimonial property matters under the EU Succession Regulation and the EU Matrimonial Property Regulation and the rules which may determine international jurisdiction and applicable law in Ukraine as well as answer the question on whether the rules of the Law of Ukraine on Private International Law which ensure synchronization of applicable law with forum in succession and matrimonial property matters match the needs of legal regulation of private relationships. The application of comparative, dialectical and formal-logical methods allowed concluding that synchronization of the applicable law with forum is provided by using of the same criteria for the determination of international jurisdiction and applicable law. The rules which ensure synchronization can: 1) necessarily lead to the application of the court's own law in some private legal matters; 2) be an alternative to the other methods of determination of the applicable law and international jurisdiction which is applied if the parties to the respective relationship conclude the choiceof-law and choice-of-court agreements linking to the law and the court of the same state. Synchronization of the law with the forum in matrimonial property matters is possible under of the Law of Ukraine 'On Private International Law' if the spouses have concluded the choice-of-law and choice-of-court agreements and in some other cases. It has been proved that the rules of the Law of Ukraine 'On Private International Law' which apply dualistic approach for determination of the law governing succession relationships does not allow to achieve synchronization of the applicable law with the forum in succession matters in all cases. It has been demonstrated that the presence of immovable property in the estate located abroad leads to the application of a foreign law to the succession of such property, even if a deceased, being a citizen of Ukraine, has chosen in his will the law of Ukraine as the law applicable to the succession. It has been concluded that the Law of Ukraine 'On Private International Law' should be amended in such a way that the choice of the law applicable to the succession made by a deceased in the will should cover the succession of movable and immovable property regardless of its location. Keywords: synchronization of law with the forum; law applicable to succession; international jurisdiction in succession matters; international jurisdiction in family matters; Succession Regulation; Matrimonial Property Regulation; Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal matters; Law of Ukraine 'On Private International Law'.

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.

scholarly journals MONOGRAPH REVIEW OF DR. IRYNA DIKOVSKA "INTERNATIONAL SUCCESSION IN THE EU AND UKRAINE: DIRECTIONS FOR ADAPTATION OF UKRAINIAN LAW TO THE EU LAW" (KYIV, ALERTA, 2020).

2021 ◽  
pp. 65-66
Author(s):  
N. Fedorchenko
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Conflict Of Laws ◽  
Eu Member States ◽  
Procedural Code ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Eu

The review evaluates the content of the monography. It has been concluded that the idea of the monograph is relevant since the rules of international treaties of Ukraine (namely, bilateral agreements on legal assistance) and the Law of Ukraine on Private International Law (hereinafter: PILA) contain some gaps and uncertain provisions regarding international succession law issues which need to be filled or revised respectively. We support the author's suggestion to make such amendments taking into consideration Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as, the EU Private International Law doctrine and solutions to international succession law issues in national law of some the EU Member States. The book consists of 15 chapters which focus on the determination of international jurisdiction in succession matters; determination of the law applicable to succession relations with a foreign element; recognition and enforcement of foreign decisions in succession matters; acceptance of authentic documents created abroad. Many author's ideas seem appropriate. They include the suggestions to determine the scope of law applicable to the succession in PILA; to amend the conflict of laws rules applicable to the form of wills; to include in PILA conflict of laws rules regarding succession agreements; to amend some rules of Civil Procedural Code of Ukraine applicable to recognition and enforcement of foreign decisions in civil matters and others. It was concluded that the monograph would useful f

scholarly journals La ley aplicable a las donaciones internacionales = Aplicable law to international donations

2019 ◽  
Vol 11 (2) ◽  
pp. 100
Author(s):  
Natividad Goñi Urriza
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Different Types ◽  
European Regulations ◽  
The Law ◽  
Rome I ◽  
Conflict Of Law

Resumen: Este trabajo analiza la determinación de la ley aplicable a las donaciones en Derecho Internacional Privado. La coexistencia de las normas de conflicto contenidas en el Reglamento Roma I y el Reglamento de sucesiones aplicables a distintos aspectos de los actos de liberalidad hace necesario distinguir entre sus respectivos ámbitos de aplicación. A ello hay que añadir la ineludible aplicación de las normas de Derecho Internacional Privado nacional para la determinación de la ley aplicable a los aspectos relativos a los derechos reales.Palabras clave: donaciones, norma de conflicto, sucesiones, contratos.Abstract: The article deals with the determination of the applicable law to donations in Spanish Private International Law. The coexistence of conflict of law rules included in Rome I and successions European Regulations makes necessary to distinguish between different types of donations. Additionally, the article addresses the unavoidable application of the rules of national private international law for the determination of the law applicable to some aspects of the rights in rem.Keywords: donations, conflict of law, successions, contracts.

scholarly journals Applicable Law for Contracts in the Sporting Context

SEEU Review ◽  
2017 ◽  
Vol 12 (1) ◽  
pp. 197-221
Author(s):  
Ines Medić
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
Applicable Law ◽  
Elite Level ◽  
The Subject ◽  
The Law ◽  
Rome I

Abstract This article presents an analysis of contractual relations in sport from the standpoint of the Croatian legislative system. Due to the complexity of the subject matter, the author considers only a small fragment of it - the significance and the role of sport in Croatian society and the law of contracts „as a cornerstone on which „sports law“ has been built and which is of primary importance in most areas where there is an interface between sport and the law, irrespective of whether the sport is being played at an elite level or at a more humble one“. Bearing in mind the limited extent of this article, the autor tries to provide some clarifications and some guidance on how to deal with the designation and the determination of the applicable law for contracts in the sporting context. Considering that there are different legal regimes which may come into play with regard to the designation of the law applicable to contracts in the sporting context, the author first presents the determination of the applicable law according to the Rome I Regulation and then according to the Croatian Arbitration Act, Swiss Private International Law Act and the CAS Code of Sports-related Arbitration, as the most common in sports practice. Then, the author deals with contracts concluded with minor athletes and the determination of the law applicable to some preliminary questions. Finally, the author presents her perception of the problems encountered and some suggestions for the improvement of the existing legal framework.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

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.

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.

Law Applicable to Unilateral Juridical Acts and Uniform Conflict-of-law Rules

2013 ◽  
pp. 1-15
Author(s):  
Monika Pauknerová
Keyword(s):  
International Law ◽  
Private International Law ◽  
European Regulation ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Technical Structure ◽  
Juridical Acts ◽  
Supranational Regulation ◽  
Conflict Of Law

Private international law smoothes the edges of civilian law and common law thanks to its specific legislative and technical structure. Conflict-of-law rules are considered to be neutral, and therefore more appropriate for unification, than substantive rules because countries are prepared to surrender their own individual solutions for the sake of uniform international or supranational regulation. This is evident in the successful unification of conflict-of-law rules at the global and European Union levels, as compared with the less common partial unifications of substantive rules. The paper illustrates several examples of unilateral legal acts in the European space, how diverse may be their substantive qualification in different legal systems, and what impacts these substantive differences may have upon the determination of the applicable law for obligations under European conflict-of-law rules. From the perspective of the conflict of laws, an issue remains open regarding what approach should be taken where a uniform legislative instrument – namely a European Regulation – fails to include a particular institution or act either expressly or impliedly.

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.

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