VISPĀRĪGIE NOTEIKUMI PAR SAISTĪBU AR STARPTAUTISKO KOPĒJO PRIVĀTTIESĪBĀS

Author(s):  
Margarita Katunina ◽  
Leila Makhir Kizi Yusifzade

authors in this article focus their attention on concept, system and foundations of arising of obligations in private international law. The authors pay special attention to such a foundation of emergence of obligations as contract and its nature. The main principles of selection of applicable law are considered.

2021 ◽  
Author(s):  
Eduardo Florio de León

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.


Author(s):  
Marek Świerczyński

Disputes arising from international data breaches can be complex. Despite the introduction of new, unified EU regulation on the protection of personal data (GDPR), the European Union failed to amend the Rome II Regulation on the applicable law to non-contractual liability and to extend its scope to the infringements of privacy. GDPR only contains provisions on international civil procedure. However, there are no supplementing conflict-of-law rules. In order to determine the applicable law national courts have to apply divergent and dispersed national codifications of private international law. The aim of this study is to propose an optimal conflict-of-law model for determining the applicable law in case of infringement of the GDPR’s privacy regime.


2021 ◽  
Vol 03 (08) ◽  
pp. 225-240
Author(s):  
Hiba Thamer MAHMOOD

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions


Author(s):  
Julia Hörnle

Chapter 11 provides a critical analysis of private international law with regard to disputes based on torts between private parties arising from infringements of privacy and data protection rights, and defamation, committed by internet communication. This is a fast-developing and changing area. It compares the private international law rules in Germany and England. The proceedings examined in this chapter are civil litigation, as opposed to judicial review of administrative action (Chapter 7). The chapter covers the harmonized rules under the Brussels Regulation and, in particular, the jurisprudence in respect of the mosaic rule established in Shevill and the rules on civil jurisdiction in the General Data Protection Regulation (GDPR). Additionally, where the Brussels Regulation does not apply, it examines in detail the national rules of jurisdiction in Germany and England, in particular the “conflicts of interest” test in Germany, and, for defamation cases in England, the new test on the most appropriate place under the Defamation Act 2013. Since the rules on applicable law for privacy, defamation, and other personality rights cases are not harmonized in the Rome II Regulation, national law prevails. The rules in Germany and England are analysed—contrasting and comparing the approaches in internet cases. It unravels the extraordinarily complicated and twisted knot of jurisdiction and applicable law in the area of personality rights infringements online and brings some clarity to this area. It concludes with some robust suggestions for improving the rules on jurisdiction and applicable law to provide a better balance of conflicting interests.


Author(s):  
Julia Hörnle

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.


Author(s):  
Gebremeskel Fekadu Petros

This chapter reflects on Ethiopian perspectives on the Hague Principles. Ethiopia does not have a codified law regulating matters of private international law, nor is there detailed case law from which one could derive key principles of the subject. While the shortage of private international law in Ethiopia is evident, the problem is most severe in the area of applicable law. In relation to party autonomy in choice of law, the Federal Supreme Court’s Cassation Division has handed down some interesting decisions, and these indeed have the force of law in Ethiopia. Nevertheless, the approach of the Ethiopian courts in respect of party autonomy is not very developed and clear, including in the field of international commercial contracts. While it would be prudent for Ethiopian courts to refer to the Hague Principles as persuasive authority, this requires awareness of the existence of the Hague Principles. In the long term, the Hague Principles will surely find their way into Ethiopian law.


Author(s):  
Douglas Zachary ◽  
Bodnar Andrew

This chapter analyses the situation of conspiracy. A claim in tort for unlawful means conspiracy requires the claimant to establish that, firstly, he has suffered a loss, secondly, that it was as a result of unlawful action, which was thirdly, taken pursuant to a combination or agreement between the defendant and another person or persons, fourthly, to injure the claimant by unlawful means. The intention to injure does not have to be the sole or predominant purpose of the defendant’s actions. The chapter then looks at a real scenario of a case of conspiracy. It also looks at the relevant jurisdiction and applicable law, including cases where the defendants are domiciled in England, in another Member State, or in a non-Member State and cases where the defendants are domiciled in different locations from each other.


Author(s):  
Monika Pauknerová

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.


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