scholarly journals Comparative analysis of the legal regulation of concluding a contract for the sale of real estate in private international law of Russia and Germany

2020 ◽  
Author(s):  
A.D. Kalinin
Keyword(s):  
Comparative Analysis ◽  
Real Estate ◽  
International Law ◽  
Legal Regulation ◽  
Private International Law

scholarly journals FORCE MAJEURE IN PAST ARBITRATION COURT RULINGS IN THE CIS COUNTRIES: COMPARATIVE ANALYSIS OF RULES OF NATIONAL LEGISLATION AND PRIVATE INTERNATIONAL LAW BY THE CIS ECONOMIC COURT (PART 1)

2016 ◽  
pp. 0-0
Author(s):  
Эвелина Нагорная ◽  
Evelina Nagornaya ◽  
Татьяна Зацепина ◽  
Tatyana Zatsepina
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
Political Events ◽  
Force Majeure ◽  
The Social ◽  
Cis Countries ◽  
The One

The need for proper legal study of issues relating to the circumstances that exempt the participants of civil-law relations from liability, is caused, on the one hand, by the development of business activity and the increase in the number of civil transactions concluded both within the national and foreign economic context; and, on the other hand — by the social and political events that take place on the territory of some Commonwealth states and the rise of controversial legal issues during the consideration by the courts of economic activity, in relation to classification of certain circumstances as force majeure, because so far no clear criteria for the application of this concept have been worked out in practice. The study of the problems on this issue is based on the information from the CIS Economic Court about the practice of establishing force majeure circumstances during commercial litigation by the courts of the Commonwealth state members. In order to determine the adequacy of legal regulation by the Court of the studied aspects, the author has conducted, in the first place, a comparative analysis of legal enactments of participant-states, that envisage the exemption from liability as a result of force majeure, and also has studied rules of private international law governing the establishment of force majeure. The synthesis of these materials has revealed certain approaches to the interpretation of concepts and features of force majeure in the legislation of the CIS countries and the private international law. The first part of the article is dedicated to the discussion of these issues.

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.

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

The Influence of Swiss Private International Law on the Italian Codification

2002 ◽  
Vol 30 (2) ◽  
pp. 244-255
Author(s):  
Andrea Bonomi
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Information Society ◽  
Comparative Law ◽  
The Other ◽  
The Internet ◽  
Private International Law ◽  
The Subject ◽  
The University

The subject of this contribution is the influence of Swiss Private International Law (PIL) on the Italian codification. This topic could be regarded as rather old-fashioned. One of the terms of the comparison, the Italian statute of private international law, goes back to May 1995 and the other, the Swiss PIL Act, is even older, almost “prehistoric” since it was adopted in 1987 and entered into force on the 1st January 1989, that means in an era which preceded the advent of the Internet and the “Information Society.” Not even the idea of comparing these two pieces of legislation is an entirely new one, since a very accurate comparative analysis of the two codifications has already been done by Mr. Dutoit, professor of PIL and comparative law at the University of Lausanne, in an article of 1997.

SOME ASPECTS OF LEGAL REGULATION OF INTERNATIONAL TRANSPORTATION IN PRIVATE INTERNATIONAL LAW

2019 ◽  
pp. 188
Author(s):  
Margarita V. Katunina ◽  
Dmitry R. Komissarov
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Private International Law

The article focuses on the legal framework, the interpretation of provisions on international road carriage of goods, and the use of administrative documents.

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.

scholarly journals SOME ISSUES OF LEGAL REGULATION OF THE INSTITUTION OF SETTING THE CONTENT OF FOREIGN LAW (BASED ON UZBEKISTAN LEGISLATION)

2021 ◽  
Vol 9 (06) ◽  
pp. 263-267
Author(s):  
Shakhnoza Zholdasova ◽  
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
Foreign Law ◽  
Procedural Code ◽  
The Republic

This article analyzes some theoretical and practical issues of setting the content of foreign law. In accordance with the analysis conducted, the author considers that further improvementof the national law of the Republic of Uzbekistan in respect of application and setting the content of foreign lawwould be expedient. In particular, the author suggests that the Civil Procedural Code of the Republic of Uzbekistan should be supplemented with relevant norms, with considerationofadoptionof the separate Law On Private International Law.

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