scholarly journals Digital Platforms and International Private Law, or Is There a Future for Cyber Law?

Lex Russica ◽  
2019 ◽  
pp. 107-120 ◽  
Author(s):  
M. V. Mazhorina
Keyword(s):  
Information And Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Paradigm Shifts ◽  
Digital Platforms ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
International Private Law ◽  
Cyber Law ◽  
Internet Law

Modern economy and society are reconfigured in connection with the emergence and development of digital platforms, which is figuratively referred to as “uberization of everything”. This became possible with the development of information and communication technologies and the formation of cyberspace. The key problem for lawyers is the construction of the legal superstructure of cyberspace, which leads to the emergence of a number of concepts: cyberlaw, “platform law”, internet law etc. However, while science is trying to comprehend the relevant paradigm shifts, a huge array of cross-border transactions are made by consumers with platformtype companies; cross-border disputes are resolved through online dispute resolution (ODR) procedures in international commercial arbitration or courts; law enforcement practice is being formed, which responds to the challenges of the cyber environment. It is the tools of private international law that are most in demand in regulating the relevant relations. What would be more viable in modern conditions: international private law or cyber law?

scholarly journals PRIVATE INTERNATIONAL LAW IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES

2019 ◽  
pp. 169-182
Author(s):  
M. V. MAZHORINA ◽  
L. V. TERENTYEVA ◽  
B. A. SHAKHNAZAROV
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
General Principle ◽  
Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Cross Border ◽  
Sovereign Equality ◽  
International Private Law ◽  
Information And Communication

The process of globalization, the development of information and communication technologies, networking are changing society dramatically and, as a result, its superstructure — law. International private law, by virtue of its own subject matter and special methodology, is at the forefront of the corresponding changes. The paper examines the problems of defining the concept of territorial sovereignty in the non-territorial information space that are of serious importance in relation to private international law. Its principles are the general principle of the sovereign equality of states, acting as a general principle for private international law, and a special principle of the sovereign equality of national law of states. The problem of the realization of the territorial nature of the conflict of attachment formulas and the grounds of international jurisdiction in relation to a certain segment of the extra-territorial information space is posed. The issue of conditionality of the adaptation of the principles and methodology of legal regulation of public relations in the conditions of digital technologies by the need to understand the conditions and boundaries of the implementation of sovereignty, the jurisdiction of the state in the information and communication space is investigated. The processes comprehended within the framework of the science of international private law are to some extent relevant for other branches of law. This paper analyzes such indicators of current changes in the legal paradigm as the impact of information and telecommunication technologies on the development of private international law, the place and increasing importance of non-state regulation in the process of streamlining cross-border private law relations, and the development of non-state systems for resolving cross-border disputes. The authors touch upon the problems of the use of blockchain technologies and the protection of intellectual property in cross-border private law relations; private adhocracy rulemaking, the formation of various social phenomena in the key lex mercatoria, the influence of international commercial arbitration, online platforms on the formation of current trends in the field of resolution of crossborder disputes, etc.

scholarly journals Network paradigm of private international law: concept contouring

2019 ◽  
pp. 140-159 ◽  
Author(s):  
M. V. Mazhorina
Keyword(s):  
Modern Society ◽  
State Regulation ◽  
Private Law ◽  
Private International Law ◽  
Legal Analysis ◽  
New Paradigm ◽  
Digital Platforms ◽  
Cross Border ◽  
Lex Mercatoria ◽  
The Individual

Modern society is characterized as a network, which makes it necessary to rethink its superstructure — law — in the logic of the network paradigm of scientific knowledge. At the interface of law and information technology, new legal and sub-legal phenomena arise that need to be conceptualized. International private law, being in the forefront of the changes that are taking place, possesses a special methodology that can adapt to the network society. The paper analyzes the individual signs of the formation of a new paradigm. One of the most revolutionary products of the Network are global technological or digital platforms, within which predominantly cross-border private law relationships are formed, mediated by transactions, collectively understood as e-commerce or m-commerce. The legal analysis suggests that americanization of «platform law» is observed. Of interest for the study of the network paradigm is the emerging practice of online arbitration in disputes involving consumers. A significant role in the regulation of modern cross-border relations is assigned to the norms of non-state regulation, traditionally conceptualized through the prism of lex mercatoria, which is now systematized in the logic of the legal system, highlighting the subsystems brought to life by globalization processes. The corresponding changes testify to the modification of the architecture of the regulation of cross-border relations.

scholarly journals Mujer, matrimonio y maternidad: cuestiones de Derecho internacional privado desde una perspectiva de género = Woman, marriage and motherhood: issues of Private International Law from a gender perspective

2018 ◽  
Vol 10 (1) ◽  
pp. 439
Author(s):  
Carmen Vaquero López
Keyword(s):  
International Law ◽  
Gender Equality ◽  
Public Order ◽  
Private Law ◽  
Private International Law ◽  
Gender Perspective ◽  
Men And Women ◽  
International Private Law

Resumen: En los últimos tiempos la lucha por alcanzar la igualdad de género y acabar con las injusticias que separan a hombres y mujeres se ha convertido en una auténtica “revolución” que ha invadido prácticamente todos los ámbitos sociales. Este movimiento debe también remover los principios que informan las soluciones de Derecho internacional privado en nuestro país. En el presente trabajo se analizan desde una perspectiva de género dos instituciones que tradicionalmente han sido bastión del patriarcado y cuya regulación se ha venido llevando a cabo desde consideraciones principalmente androcéntricas: el matrimonio y la maternidad.Palabras clave: estereotipo, principio de igualdad, dignidad, orden público, interés de la mujer.Abstract: In the latest times, the fight for achieving the gender equality and for putting an end to the injustices that separates men and women has become a true “revolution” that has invaded practically all social areas. This movement should also remove the principles that inform the solutions of International Private Law. In this paper we analyze from a perspective of gender two institutions that have traditionally been a bastion of patriarchy and whose regulation has been carried out from mainly androcentric considerations: the marriage and the motherhood.Keywords: stereotype, principle of equality, dignity, public order, interest of the woman.

scholarly journals Cuestiones vinculadas a la constitución de la adopción de mayores de edad: análisis desde el Derecho internacional privado español = Issues connected with the constitution of the adoption of adults: analysis from Spanish Private International Law

2019 ◽  
Vol 11 (1) ◽  
pp. 904
Author(s):  
María Jesús Sánchez Cano
Keyword(s):  
International Law ◽  
International Adoption ◽  
Controversial Issues ◽  
Private Law ◽  
Private International Law ◽  
Applicable Law ◽  
International Private Law

Resumen: Partiendo del estudio de la Ley 54/2007, de adopción internacional y después de examinar la normativa sustantiva sobre la adopción en España, el presente trabajo aborda el análisis de algunas de las cuestiones controvertidas que se suscitan respecto de las adopciones de personas mayores de edad y menores emancipados, desde la perspectiva del Derecho Internacional Privado y específicamente, en lo referente a la constitución de la adopción por las autoridades españolas.Palabras clave: Ley de adopción internacional, adopción internacional de personas mayores de edad, Derecho Internacional Privado, ley aplicable, validez de adopciones constituidas por autoridades extranjeras.Abstract: Based on the study of Law 54/2007, on international adoption and after having examined the substantive legislation on adoption in Spain, this paper deals with the analysis of some of the controversial issues that arise regarding adoptions of adults and emancipated minors, from the Private International Law perspective and specifically with regard to the constitution of adoption by the Spanish authorities.Keywords: International adoption law, international adoption of adults, International Private Law, applicable law, constitution of adoption by Spanish authorities.

scholarly journals LEGAL REGULATION OF CROSS-BORDER BANKRUPTCY OF LEGAL ENTITIES

2021 ◽  
Vol 9 (10) ◽  
pp. 1345-1350
Author(s):  
Azamat Ergashev ◽  
Keyword(s):  
Rapid Development ◽  
Analytical Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Point Of View ◽  
Private Law ◽  
Theoretical Point ◽  
Cross Border ◽  
International Private Law ◽  
Legal Entities

The last decade has been marked by the rapid development of International private law within the framework of globalization and unification of norms. Therefore, in the international community, the issue of interethnic application and harmonization of rules and norms for individual emerging legal relations becomes acute. This article examines the issue of legal regulation of cross-border bankruptcy of legal entities. In particular, the author provides a number of statistics and analytical data from a number of countries (developed and developing) in order to substantiate the point of view on this issue.Moreover, the author examines foreign law enforcement practice and the legal framework on bankruptcy and insolvency of legal entities. Considering the bankruptcy procedure, the author comes to the conclusion that this issue has not been sufficiently studied both from a theoretical point of view and from a practical one. Within the framework of this study, sufficient arguments are made to accelerate the resolution of conflicts in International private law. As a result, the author gives some conclusions and suggestions applicable both in the Republic of Uzbekistan and in other states.

scholarly journals Peculiarities of inheritance of deceased's property in international private law

2021 ◽  
pp. 39-42
Author(s):  
Halyna ANIKINA
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
Private Law ◽  
Time Of Death ◽  
Private International Law ◽  
International Treaties ◽  
The Third ◽  
International Private Law ◽  
The Relationship

Introduction. The paper is devoted to the study of the peculiarities of the inheritance of deceased property in private international law. The concept of “foreclosed property” is defined. The relationship between the terms “foreclosed property” and “dead heritage” has been clarified. Purpose. In private international law there are two theories (principles) of acquisition of ownership of foreclosed property: the theory of occupation and the theory of inheritance. The essence of each of the approaches to the inheritance of property by the state in private international law is clarified. The list of countries where the “principle of occupation of foreclosed property” is enshrined in law and the countries that apply the theory of inheritance on the principle of the closest connection. Results. The opinions of scientists on the expediency of applying each of the principles have been studied. It has been found that the most effective way to overcome conflicts over the inheritance of foreclosed property between states is through international agreements. In all international treaties governing the relations of inheritance with a foreign element in which Ukraine participates, the same solution to the issue of inheritance of foreclosed property by the state is enshrined. Movable property shall become the property of the Contracting Party of which the testator was a national at the time of death, and immovable property shall become the property of the Contracting Party in whose territory it is located. Conclusion. It is concluded that the application of the third principle of inheritance of foreclosed property in private international law – the “principle of splitting the hereditary statute”.

scholarly journals LAW APPLICABLE FOR THE REPRESENTATIONTO EXERCISE THE CORPORATE RIGHTS OF SHAREHOLDERSIN POLISH COMPANIES

2017 ◽  
Vol 28 (1) ◽  
pp. 129-160
Author(s):  
Krzysztof Tapek
Keyword(s):  
Limited Liability ◽  
Private Law ◽  
European Law ◽  
Legal Regime ◽  
Public Companies ◽  
Corporate Rights ◽  
Cross Border ◽  
International Private Law ◽  
Polish Law

Shareholders of Polish companies dispose of various rights – property as well as corporate. Majority of corporate rights can be exercised by a representative. Representation, in this regard includes two categories: proxy and statutory rep-resentation. Regulations concerning representation vary, depending on kind of company in which they are used (limited liability companies, joint – stock com-panies or public companies, whose regulation is influenced by European law). In current study representation to exercise corporate rights of shareholders will be examined on the meta-law level. Provisions of international private law shall be observed to determine that which country’s legal regime shall be applied to interpret the institution of representation in cross-border situations. Additionally, it is necessary to distinguish the scopes of laws applicable for different issues connected with representation. The dissertation is aimed to address all abovementioned questions with the reference to European and Polish law.

scholarly journals Extraterritoriality in Private International Law

2021 ◽  
Vol 16 (5) ◽  
pp. 183-194
Author(s):  
L. V. Terenteva
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Cross Border ◽  
Foreign State ◽  
Extraterritorial Jurisdiction ◽  
Definition Of

The paper questions the extraterritorial nature of foreign private law applied by the national law enforcement body in the regulation of cross-border private law relations. In view of the use of common terms “exterritorial” and “extraterritorial” in the framework of international public and private law regulation, it seems necessary to study the extraterritorial effect of foreign private law provisions through the prism of the substantive characteristics of extraterritoriality, formulated in the context of public international law. To this end, the author refers to the definition of extraterritorial jurisdiction as an international legal category and raises the question of how appropriate it is to admit, within the framework of a single definition, “extraterritorial” both the presence and absence of the manifestation of the sovereign will of the state on the territory of which any of the types of jurisdiction of a foreign state is exercised. Taking into account that the manifestation of the extraterritorial jurisdiction of one state in relation to another is realized in the absence of the latter’s sanction for its implementation, the author debates the admissibility of designation as extraterritorial foreign private law, the admissibility and limits of application of which are sanctioned by the national state.

scholarly journals Modern Trends in the Development of Private International Law and its Place in the Legal System

Lex Russica ◽  
2021 ◽  
pp. 44-60
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
International Law ◽  
Regulatory Elements ◽  
Legal Regulation ◽  
Alternative Methods ◽  
Special Role ◽  
Private Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Public ◽  
Cross Border

The paper analyzes the current trends in the development of private international law, its relationship with international public law. Special attention is paid to the relationship between the public and the private in the regulation of cross-border private law relations, the concept of a polysystemic complex. The special role of the international civil process in the system of modern private international law is noted. Being implemented by law enforcement agencies, also in the context of the application of uniform conflict-of-law rules, the conflict-oflaws method of private international law vests with the public area due to its implementation. It is difficult to call the conflict-of-laws regulation a trend in private international law. The author highlights the international (crossborder) nature of private international law. Modern private international law is characterized by the presence of a symbiosis of traditional methods of state substantive and conflict-of-laws legal regulation and non-state regulation emanating from the subjects of private law relations, formed with due regard to the use of modern information technologies and often implemented in the digital environment, including with the use of non-state alternative methods of dispute resolution modernizing their forms with the development of technologies (the ODR, blockchain arbitration, the UDRP).The paper highlights the formation of “cross-border private law” that is private in its own nature and in the context of the formation procedure which means that it comes from the subjects of private law. The author highlights such trends in the development of private international law in modern conditions as harmonization, primarily of electronic methods, of mechanisms for the implementation of private law relations; profiling of private international law within the framework of the activities of international organizations and cross-border self-regulatory organizations; orientation towards the uniform formation of private international law in the world and the expansion of its regulatory elements

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