scholarly journals Changing the past: retroactive choice of law and the protection of third parties in the European regulations on patrimonial consequences of marriages and registered partnerships = Cambiando el pasado: elección retroactiva de la ley aplicable y protección de terceras partes en los reglamentos europeos sobre los efectos patrimoniales de los matrimonios y de las uniones registradas.

2018 ◽  
Vol 10 (1) ◽  
pp. 7
Author(s):  
Lukas Rademacher
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Choice Of Law ◽  
Applicable Law ◽  
The Past ◽  
Retroactive Effect ◽  
European Regulations ◽  
Legal Position ◽  
The Right ◽  
Property Regime

Abstract: Two forthcoming EU Regulations are going to address, inter alia, the law applicable to the patrimonial consequences of marriages and registered partnerships. Under the Regulations, spouses and partners will not only be able to choose the applicable law but they are also granted the right to give their choice of law retroactive effect. Although the patrimonial consequences of marriages and partnerships are of relevance primarily to the spouses and registered partners, they may also directly affect the legal position of third parties. The aim of this paper is to identify and analyze the risks for third parties inherent in a retroactive change of the applicable law and the measures implemented in the Regulations to safeguard third party interests.Keywords: matrimonial property regime, partnership property regime, applicable law, choice of law, retroactivity, third parties.Resumen: Dos Reglamentos europeos regirán, entre otras cosas, la ley aplicable a los efectos patrimoniales de los matrimonios y de las uniones registradas. Según los Reglamentos, los cónyuges y los miembros de la unión además de poder elegir la ley aplicable tienen la posibilidad de dotar esta elección de efecto retroactivo. Aunque los efectos patrimoniales de los matrimonios y de las uniones registradas tienen relevancia ante todo para los cónyuges y los miembros de la unión registrada, pueden afectar directamente a la posición jurídica de terceras partes. El objetivo de este artículo es identificar y analizar los riesgos para terceros inherentes a un cambio retroactivo de la ley aplicable y las medidas implementadas en los Reglamentos para salvaguardar los intereses de terceras partes.Palabras clave: régimen económico matrimonial, efectos patrimoniales de las uniones registradas, ley aplicable, elección de la ley aplicable, retroactividad, terceras partes.

scholarly journals Prawo właściwe dla skutków przelewu wierzytelności w stosunku do osób trzecich. Uwagi z perspektywy międzynarodowego prawa upadłościowego

2019 ◽  
Vol 24 ◽  
pp. 47-75
Author(s):  
Wojciech Klyta
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Insolvency Law ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
The Third ◽  
The Right ◽  
Insolvency Proceedings ◽  
Rome I ◽  
Foreseeable Risk

The claims are rights in personam but the assignment of claims has a hybrid nature. Abolishing the “nomina ossibus inhaerent” rule has increased commercial significance of the assignment of claims. However, the contemporary legal situationleaves parties with great legal uncertainty, as to the question under which circumstances does the cross — borders assignment is valid. A recent judgment of the CJEU of 9 October 2019 (C — 548/18) in case BGL BNP Paribas SA v. TeamBank AG Nürnberg has augmented this uncertainty. The Luxemburg Court ruled that: “Article 14 of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (‘Rome I’) must be interpreted as not designating, directly or by analogy, the applicable law concerning the third-party effects of the assignment of a claim in the event of multiple assignments of the claim by the same creditor to successive assignees”. In this situation, one would highly welcome an attempt to establish a new set of conflict of laws rules relating to the law applicable to third — parties effects of the assignment of claims. This attempt has recently been made by the European Commission in its Report “on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person”, dated 29 September 2016. In the present article, the author reviews the most important propositions formulated in the conflicts’ doctrine through the “lens” of the international insolvency law. Multiply provisions of the Regulation (EU) 2015/848 of 20 May 2015 on insolvency proceedings (recast) — despite many judgments of the CJEU in this area — also lack certainty. Insolvency is a foreseeable risk, but without clear rules concerning the third parties’ effects of the assignment of claims, it may become unenforceable for the creditors of the assignor.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Certification of Marine Energy Converters: The Experience So Far

2007 ◽  
Author(s):  
Claudio Bittencourt Ferreira
Keyword(s):  
New Technology ◽  
Third Party ◽  
Functional Requirements ◽  
Energy Converter ◽  
The Past ◽  
Wave Energy Converters ◽  
Marine Energy ◽  
Constraints Handling ◽  
The Right ◽  
Energy Converters

In the past few years, DNV has been involved in a variety of projects related to marine energy converters. All projects have been characterised for the handling of technical uncertainties due to the application of new technology or proven technology in different area of application. A systematic approach based on the DNV RP-A203 Qualification of New Technology [1] was applied combined with the Guidelines for Design and Operation of Wave Energy Converters [2] to steer the third party activity, but, more importantly, to allow developers to systematically identify and deal with the risks in a rational manner with traceability of decisions throughout the development of the energy converter. From the very start of our engagement, it was clear that the handling of technical uncertainties was affected, not only by the technical barriers, but also by financial and time constraints. The establishment of the safety and functional targets to be achieved by the energy converter are to be based, not only on the safety and asset integrity aspects, but also on the financial / business model. The experience of using the Qualification process and the Guidelines on these projects, achieving the right balance between the constraints, handling of uncertainties, financial targets and safety and functional requirements, are briefly described in this paper as well as the future steps to be taken to improve the process and consolidate the experience so far. In this paper, it is also addressed the use of the DNV OSS-312 [3] on the certification process of marine energy converters.

scholarly journals The role of party autonomy under the regulations on matrimonial property regimes and property consequences of registered partnerships. Some remarks on the coordination between the legal regime established by the new regulations and other relevant instruments of European Private International Law = Il ruolo dell’autonomia della volontà nei regolamenti sui rapporti patrimoniali tra coniugi e sugli effetti patrimoniali delle unioni registrate. Alcune considerazioni sul coordinamento tra il regime giuridico stabilito dai nuovi regolamenti e altri strumenti di diritto internazionale privato europeo

2018 ◽  
Vol 10 (2) ◽  
pp. 457
Author(s):  
Cristina Grieco
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Regime ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
Property Regimes ◽  
Property Regime

 Abstract: The new Regulations (No. 2016/1103 and No. 2016/1104) recently adopted through an enhanced cooperation by the European Legislator aim to deal with all the private international law aspects of matrimonial property regimes and property consequences of registered partnerships, both as concerns the daily management of matrimonial property (or partner’s property) and its liquidation, in particular as a result of the couple’s separation or the death of one of the spouses (or partners). This paper aims to address the prominent role of party autonomy in the two Regulations and to focus on the coordination between the legal system embodied in the new two Regulations, and other relevant instruments of European private international law in force, such as the Succession Regulation and the Bruxelles II- bis Regulation.Keywords: party autonomy; successions; matrimonial property regime, partnership property regi­me, applicable law, choice of law, private international law.Riassunto: I due nuovi regolamenti (No. 2016/1103 e No. 2016/1104), recentemente adottati nell’ambito di una cooperazione rafforzata dal legislatore europeo, si propongono di regolare tutti gli aspetti internazional privatistici legati ai regimi patrimoniali tra coniugi e alle conseguenze patrimoniali delle partnership registrate, sia per ciò che concerne la regolare amministrazione dei beni sia per ciò che riguarda la liquidazione degli stessi beni facenti parte del regime matrimoniale (o della partnership regi­strata) nel caso si verifichino vicende che ne alterino il normale svolgimento, come la separazione della coppia o la morte di uno degli sposi (o dei partner). Il presente scritto si propone di esaminare il ruolo prominente che, all’interno di entrambi i regolamenti, è riservato alla volontà delle parti e di focaliz­zarsi sul coordinamento tra i due nuovi strumenti e gli altri regolamenti di diritto internazionale privato europeo attualmente in vigore e, particolarmente, il regolamento sulle successioni transfrontaliere e il regolamento Bruxelles II- bisParole chiave: autonomia della volontà; successioni; rapporti patrimoniali tra coniugi; effetti pa­trimoniali delle unioni registrate; legge applicabile; scelta di legge; diritto internazionale privato.

scholarly journals Residual Profit Allocation by Income

2021 ◽  
pp. 189-265
Author(s):  
Michael P. Devereux ◽  
Alan J. Auerbach ◽  
Michael Keen ◽  
Paul Oosterhuis ◽  
Wolfgang Schön ◽  
...  
Keyword(s):  
Current System ◽  
Third Parties ◽  
Destination Country ◽  
Third Party ◽  
Superior Performance ◽  
Reform Proposal ◽  
Goods And Services ◽  
Profit Allocation ◽  
The Right

This chapter sets out our first detailed reform proposal: the Residual Profit Allocation by Income (RPAI). This is one of a family of schemes based on separating multinational profit into ‘routine’ and ‘residual’ profit, a distinction that exists under the current system. The RPAI allocates the right to tax routine profit to the country where functions and activities take place. It allocates the right to tax residual profit to the market, or destination, country where sales are made to third parties. We evaluate the RPAI against our five criteria. We conclude that while it is far from perfect, it performs well against these criteria. Its superior performance stems primarily from allocating taxing rights for residual profit to the destination country, where there is a relatively immobile third party purchaser of goods and services sold by the company.

scholarly journals Objection to the trademark application or the action of international registration of a trademark in Ukraine

2021 ◽  
pp. 87-94
Author(s):  
Olesia Kharchenko
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
The Right

Keywords: objection, opposition, trademark, appellate chamber, period of opposition The article analyses themain approaches to the practice of filing and the consequences of filing objections ofthird parties against trademark applications or international trademark registrationsbased on a study of the provisions of regulations of Ukraine and foreign countries.The filing of an objection to an application for a trademark is defined as theright of any third party to state its views on the inconsistency of the designation appliedfor registration with the conditions of granting legal protection. It is concludedthat this procedure in Ukraine is not fully harmonized with the practice of the EuropeanUnion: Ukrainian law does not provide for the submission — of observation ofthird parties, when the trademark cannot be registered ex officio. Such observationcan be submitted by any person free of charge, but this person will not become a partyto the proceedings during the designation examination.It is determined that this right in Ukraine can be exercised within several instances:1) Objection of a third party, which is filed at the stage of examination of the designation;2) Objection of a third party, which is submitted to the Appeals Chamber of the NationalIntellectual Property Authority;3) Appeal of the approved decision of the Appeals Chamber of the National IntellectualProperty Authority in court.The article provides suggestions for improving the procedure for filing objections toan application for a trademark or the action of international registration of a trademarkin Ukraine:1) granting the right to third parties to submit to the National Intellectual PropertyAuthority free observations against trademark applications that do not relate to«relative» grounds for refusal of the legal protection of the designation.2) increase the fee for filing an objection to a trademark application or internationaltrademark registration to reduce the number of filing of unscrupulous objections,the purpose of which is to increase the term of registration of the applicant'strademark.3) extension of the terms of payment of the state fee for issuing a certificate ofUkraine for a trademark and the fee for the publication of the issuance of a certificatefor up to five months for those applications for trademarks against whichthird parties have filed objections.

scholarly journals The Right to Informational Self-Determination in the Context of Selected Judicial Decisions and Practical Background

2019 ◽  
Vol 4 (2) ◽  
pp. 16-29
Author(s):  
Andrea Erdősová
Keyword(s):  
Information Age ◽  
Codes Of Ethics ◽  
Third Parties ◽  
Self Determination ◽  
Identity Information ◽  
Judicial Decisions ◽  
The Past ◽  
Private Data ◽  
The Individual ◽  
The Right

It is essential to address in particular the comprehensive prevention of breaches of the right to informational self-determination and whether the persons concerned are aware that they “voluntarily agree” to pass on their identity information to third parties. It is alarming nowadays what amount of private data are available at their disposal for companies or private persons regarding other persons and how easy it seems to obtain this data. In today’s information age and the era of more advanced use of artificial intelligence, it will be more necessary than in the past to define what the individual intended, what he agreed with, and what he eventually approved as data privacy.In order to ensure the protection of the individual and his/her privacy, it is therefore necessary to respond to and refine the existing sources of law, especially to establish codes of ethics taking into account the modern technological and social development.

8. Relations between agent and third party

2019 ◽  
pp. 160-182
Author(s):  
Eric Baskind ◽  
Greg Osborne ◽  
Lee Roach
Keyword(s):  
General Rule ◽  
Third Parties ◽  
The Other ◽  
Third Party ◽  
Typical Function ◽  
Legal Position ◽  
Contractual Relations

This chapter considers the relations between the agent and third party. The typical function of an agent is to affect the legal position of his principal in relation to third parties, typically achieved by the agent effecting contractual relations between his principal and a third party or third parties. To this contract, the agent is usually a stranger and it therefore follows that, providing all parties perform their obligations, there will be no legal relations between the agent and third party, aside from any warranty of authority that might be deemed to exist. If the parties, however, fail to properly perform their obligations, legal relations between the agent and third party may arise that allow one party to sue, or be sued by, the other. This chapter discusses the general rule, and also those situations where the agent and third party will acquire a cause of action against the other.

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