Contractual Regulation of Cross-Border Family Relations in Russian and Foreign Law

2017 ◽  
Keyword(s):  
Family Relations ◽  
Cross Border ◽  
Foreign Law

Disconnective intimacies through social media: practices of transnational family among overseas Chinese students in Australia

2019 ◽  
Vol 173 (1) ◽  
pp. 36-52 ◽  
Author(s):  
Xinyu Zhao
Keyword(s):  
Social Media ◽  
International Students ◽  
Family Relations ◽  
Transnational Families ◽  
Cross Border ◽  
Transnational Family ◽  
Use Of Social Media ◽  
Media Practices ◽  
Contemporary Chinese ◽  
Insight Into

This article investigates Chinese international students’ everyday transnational family practices through the use of social media. Specifically, the article highlights the relevance of two interlinked forms of disconnection in these students’ daily negotiations of ambivalent cross-border family relations in an age of always-on connectivity. The first form involves their disconnection from the general public via their creation of intimate spaces on social media that are exclusive to their family members. The second form involves the students detaching themselves from such intimate spaces, often temporarily, to escape and resist familial control and surveillance. I conclude the article by developing the notion of ‘disconnective intimacy’ to conceptualise contemporary Chinese transnational families. This article contributes to the literature on the transnational family by providing an insight into the micro-politics of mediated co-presence through the trope of ‘disconnective practice’.

scholarly journals Conflict of Laws: Jurisdiction of the Court and Choice of Law in Cross-Border Matrimonial Suit in India

2017 ◽  
pp. 80-87
Author(s):  
Indrani Kundu
Keyword(s):  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Civil Union ◽  
Foreign Law ◽  
Marriage Laws ◽  
The Difference ◽  
Domestic Law ◽  
Legal Procedures

Marriage, a civil union between two persons, involves some legal procedures which determine the rights and liabilities of parties in such civil union. Conflict of marriage laws is the conflict of laws governing status and capacity to marry defined by personal laws of parties to the marriage. Rules of Conflict of Laws are set of procedural rules which determine A) which legal system will be applicable to a given dispute, & B) which Court will have jurisdiction to try the suit.In the words of Dicey and Morris, rules of Private International Law do not directly determine the rights and liabilities of persons, rather it determines the jurisdiction of Court and the choice of body of law i.e. whether by the domestic law or by any foreign law, the case will be decided. This paper, by adopting doctrinal approach, seeks to find the criteria for Indian court to exercise jurisdiction in cross border matrimonial suit. Further, it endeavors to find out the difference between term ‘domicile’ and ‘residence’.

Switzerland

2020 ◽  
Author(s):  
Tina Wüstemann ◽  
Marco Frigg
Keyword(s):  
Family Members ◽  
Related Services ◽  
Cross Border ◽  
Complex Cross ◽  
Foreign Law ◽  
Swiss Law

Swiss law does not recognize the concept of trusts (although it does recognize trusts created under foreign law). Hence a trust cannot be governed by Swiss law. Yet, Switzerland is seen by many foreigners as an attractive place to live and trusts are often imported by settlors relocating to Switzerland. Switzerland’s popularity as a hub for trust administration and related services has risen during the last years and so has the number of litigation matters involving trust structures. Trustees have become increasingly involved in Swiss proceedings and are frequently parties to complex cross-border disputes; the trustees become a target for aggrieved beneficiaries and family members or ex-spouses.

Part F Cross-Border Issues, 46 Liability for Branch Deposits and the Impact of Foreign Law

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
Control Laws ◽  
Cross Border ◽  
Foreign Law ◽  
Blocking Orders ◽  
Exchange Control ◽  
The Impact

This chapter examines the extent to which a bank based in England is liable to meet the deposit obligations of its foreign branches if, for some reason, they are prevented from doing so directly. It considers the impact of a foreign branch; the consequences of an outbreak of war; the effect of a foreign expropriation law; the effect of other forms of seizure; exchange control laws; the effect of a foreign moratorium; and blocking orders.

scholarly journals Desultory Remarks on the Legislative Improvement of the Russian Federation in the Field of Cross-Border Marriage and Family Relations

Legal Concept ◽  
2019 ◽  
pp. 111-118
Author(s):  
Igor Ilovaisky ◽  
Valeria Dolgova
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Adoptive Parents ◽  
Russian Society ◽  
Private International Law ◽  
Marriage And Family ◽  
Cross Border ◽  
The Status ◽  
Family And Marriage ◽  
Legislative Improvement

Introduction: Russian society is regularly shaken by the reports of the Russian families who have left for permanent residence abroad. It is shocking that abroad, as it turns out, for one reason or another, often far-fetched, it is possible to withdraw children from the family and commit them to more trustworthy, if it seems so to the competent authorities, adoptive parents, to accuse a mother of kidnapping her own child, if she took the child to Russia, to refuse the recognition of the validity of marriages if they were concluded in the territory of this country, etc. All these cases show that the legal regulators that exist in that regard in Russia do not clearly work in other states and do not create sufficient guarantees of respect for the rights of Russian nationals. In this regard, the purpose of the paper is to consider the current state and prospects of normative improvement of the domestic norms of private international law in the regulation of cross-border family and marriage relations. Methods: the research is based on the use of logical, dialectical techniques and methods of scientific knowledge, comparative legal and legal-technical analysis of wording of normative acts and materials of the law enforcement practice. The study was the analysis of Russia’s participation in the standardized agreements both of conflict and substantive nature in the field of international marriage and family relations and the status of the national law in this area. The results of the review became the basis for the conclusion that the Russian legislator was not sufficiently attentive to the processes of international unification and harmonization of the norms governing marriage and family relations with a foreign element. In this regard, the proposals were made to improve the current domestic family law and the acts of law enforcement practice.

scholarly journals Confl ict Regulation of Debtor’s Transactions Invalidity in Cross-Border Insolvency

2021 ◽  
Vol 16 (1) ◽  
pp. 147-155
Author(s):  
M. I. Polshkova
Keyword(s):  
Legal Regulation ◽  
European Regulation ◽  
Applicable Law ◽  
Cross Border ◽  
Judicial Practice ◽  
Foreign Law ◽  
Bankruptcy Procedure ◽  
The Stability ◽  
Relationship Of

Given the lack of proper legal regulation of both cross-border insolvency in general and the invalidity of transactions in cross-border insolvency in the Russian law, the author analyzes Russian judicial practice revealing the problem of determining applicable law in challenging the debtor’s transactions in the framework of the insolvency procedure. The author concludes that the Russian judicial practice shows that determination of the law applicable to the invalidity of transactions is contingent on the existence of a bankruptcy procedure and on the grounds for recognizing the transaction as invalid. Based on the analysis of the European regulation of legal issues applicable when challenging the debtor’s transactions in cross-border insolvency, the author considers possible exceptions to the conflict of laws lex fori concursus for certain categories of third parties to be protected from unexpected interference in the legal relationship of the parties to foreign law in order to ensure the stability of the turnover and maintain legal certainty.

scholarly journals Saznanje i primena stranog prava u međunarodnom privatnom pravu Republike Srbije

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 109-132
Author(s):  
Sanja Stankovic
Keyword(s):  
International Law ◽  
Competent Authority ◽  
European Convention ◽  
Private International Law ◽  
Bilateral Agreements ◽  
Cross Border ◽  
Foreign Law ◽  
Multilateral Agreements ◽  
The Law ◽  
The Republic

Today, as a consequence of cross‐border movement of people, goods, capital and delivering of services exists more and more cases with international element. Authority of state before which the process is started, firstly by establishes the existences of international jurisdiction. If the authority establishes its competence, by conflict rule it determines ex officio the law of state which law should be applied. When the law of foreign state has to be applied, competent authority is obliged ex officio to deterime and apply it.The methods of cognition of foreign law content are regulated by law regulating private international law, bilateral agreements regulating international legal assistance, multilateral agreements sedes materiae, i.e. European Convention on information about foreign law and multilateral agreements lex specialis.The purpose of this paper is to present the concepts encompased in legal sources of the Republic of Serbia, and to compare them mutually as well as to present the provisions of comparative practice, i.e. states in the region.

scholarly journals LEGAL REGULATION OF DIVORCE: HISTORICAL DEVELOPMENT AND MODERN PRINCIPLES

2021 ◽  
pp. 116-122
Author(s):  
L. Radchenko
Keyword(s):  
Catholic Church ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Eu Law ◽  
Historical Aspect ◽  
Applicable Law ◽  
Foreign Law ◽  
The Law ◽  
The Moment

The article is devoted to the study of the genesis of legal regulation of the order, conditions and consequences of divorce in its historical aspect, as well as given the current principles of family relations in EU law and foreign law, highlighting the latest trends in divorce relations and outlining the laws of their further consolidation in the family law of Ukraine, formulation of conclusions and proposals aimed at harmonization of national legislation with EU law. The divorce procedure, its conditions and legal consequences are regulated by the legislation of different states in different ways. The regulation of divorce relations is also significantly influenced by national characteristics, traditions, religion and culture. The spread of family relations outside one state necessitates the application of foreign law to regulate such relations. Appropriate conflicts may result from the application of the law of different states regarding the grounds for divorce, the procedure for divorce, as well as the unequal determination of the moment of its dissolution. The article argues that one of the basic principles of Roman private law was the observance of absolute freedom of divorce. However, during the imperial period, and especially with the establishment of Christianity, restrictions were imposed on divorce. The approach to significant restrictions and even prohibitions on divorce has long been observed in the law of European states. Under the influence of the Catholic Church and Christian morality, the recipient law did not allow divorce at all or established restrictions and valid grounds for divorce. Divorce was allowed only as an exception, in the presence of significant circumstances, subject to complicated procedures. Since the second half of the twentieth century, divorce laws have been reformed in many countries, tending to abandon the idea that divorce is a sanction for marital misconduct and moving to the concept that divorce is a statement of a failed marriage. As a result of the reforms, divorces have become more liberalized. The article concludes that the general conflict principle of divorce is the law of citizenship of a spouse or husband (most countries of continental Europe) or the law of the place of residence of the spouses (England, USA and a number of other countries). However, Regulation 1259/2010 provides, in essence, innovative provisions for the choice of the competent legal order in the event of divorce, which enshrines the possibility for spouses to independently choose the applicable law. Keywords: marriage, marital relations, divorce, termination of marriage, EU law, family law.

Migrant Women Caught between Islamic Family Law and Women's Rights. The Search for the Appropriate ‘Connecting Factor’ in International Family Law

2000 ◽  
Vol 7 (1) ◽  
pp. 11-34 ◽  
Author(s):  
Marie-Claire Foblets
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Cross Cultural ◽  
Migrant Women ◽  
Host Countries ◽  
Cross Border ◽  
New Type ◽  
Moroccan Women ◽  
European Immigration ◽  
The Impact

In recent decades ‘conflicts justice’ in the realm of international family law has undoubtedly gained momentum in most European immigration countries. This is largely due to an increase in the number of cases relating to family disputes among migrants submitted to the courts. In the first part of this contribution (§ 2: ‘The legal techniques at hand. The dramatic lack of adaptation of century-old techniques’) I briefly describe how ‘conflicts justice,’ in the domain of cross-cultural family relations, is facing the impact of an unprecedented cross-boundary mobility of people from all over the world. This cross-border mobility has engendered a new type of social and cultural pluralism in most European host countries. In the second part (§ 3: ‘The case of Moroccan women claiming protection under Belgian secular law’) I illustrate the discussion on possible legal solutions for handling the ‘conflicts justice’ consequence of this cross-border mobility by referring to the very problematic position of Moroccan women who have immigrated to Belgium.

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