scholarly journals La ley aplicable a las donaciones internacionales = Aplicable law to international donations

2019 ◽  
Vol 11 (2) ◽  
pp. 100
Author(s):  
Natividad Goñi Urriza
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Different Types ◽  
European Regulations ◽  
The Law ◽  
Rome I ◽  
Conflict Of Law

Resumen: Este trabajo analiza la determinación de la ley aplicable a las donaciones en Derecho Internacional Privado. La coexistencia de las normas de conflicto contenidas en el Reglamento Roma I y el Reglamento de sucesiones aplicables a distintos aspectos de los actos de liberalidad hace necesario distinguir entre sus respectivos ámbitos de aplicación. A ello hay que añadir la ineludible aplicación de las normas de Derecho Internacional Privado nacional para la determinación de la ley aplicable a los aspectos relativos a los derechos reales.Palabras clave: donaciones, norma de conflicto, sucesiones, contratos.Abstract: The article deals with the determination of the applicable law to donations in Spanish Private International Law. The coexistence of conflict of law rules included in Rome I and successions European Regulations makes necessary to distinguish between different types of donations. Additionally, the article addresses the unavoidable application of the rules of national private international law for the determination of the law applicable to some aspects of the rights in rem.Keywords: donations, conflict of law, successions, contracts.

scholarly journals Applicable Law for Contracts in the Sporting Context

SEEU Review ◽  
2017 ◽  
Vol 12 (1) ◽  
pp. 197-221
Author(s):  
Ines Medić
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
Applicable Law ◽  
Elite Level ◽  
The Subject ◽  
The Law ◽  
Rome I

Abstract This article presents an analysis of contractual relations in sport from the standpoint of the Croatian legislative system. Due to the complexity of the subject matter, the author considers only a small fragment of it - the significance and the role of sport in Croatian society and the law of contracts „as a cornerstone on which „sports law“ has been built and which is of primary importance in most areas where there is an interface between sport and the law, irrespective of whether the sport is being played at an elite level or at a more humble one“. Bearing in mind the limited extent of this article, the autor tries to provide some clarifications and some guidance on how to deal with the designation and the determination of the applicable law for contracts in the sporting context. Considering that there are different legal regimes which may come into play with regard to the designation of the law applicable to contracts in the sporting context, the author first presents the determination of the applicable law according to the Rome I Regulation and then according to the Croatian Arbitration Act, Swiss Private International Law Act and the CAS Code of Sports-related Arbitration, as the most common in sports practice. Then, the author deals with contracts concluded with minor athletes and the determination of the law applicable to some preliminary questions. Finally, the author presents her perception of the problems encountered and some suggestions for the improvement of the existing legal framework.

Law Applicable to Unilateral Juridical Acts and Uniform Conflict-of-law Rules

2013 ◽  
pp. 1-15
Author(s):  
Monika Pauknerová
Keyword(s):  
International Law ◽  
Private International Law ◽  
European Regulation ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Technical Structure ◽  
Juridical Acts ◽  
Supranational Regulation ◽  
Conflict Of Law

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.

scholarly journals Problemas de Derecho Internacional Privado en la contratación de seguros: especial referencia a la reciente directiva (UE) 2016/97 sobre la distribución de seguros = Private International Law problems of the international insurance contracts: the newdirective (UE) 2016/1997 about distribution of insurance

2017 ◽  
Vol 9 (2) ◽  
pp. 39
Author(s):  
Hilda Aguilar Grieder
Keyword(s):  
European Union ◽  
International Law ◽  
Contract Law ◽  
International Agreements ◽  
Insurance Market ◽  
Private International Law ◽  
Insurance Contracts ◽  
Different Types ◽  
The Law ◽  
Conflict Of Law

Resumen: El presente estudio analiza uno de los sectores jurídicos más complejos de la contratación internacional: el de los seguros; en el cual existe una amplia variedad de contratos. En concreto, en el mercado asegurador se vislumbra una dispersión en el tratamiento, tanto de los problemas de competencia judicial internacional, como de los de Derecho aplicable. El tratamiento ante estos problemas depende, muy especialmente, del tipo de contrato de que se trate.Palabras clave: Unión Europea, Derecho Internacional Privado, contratos internacionales, contratación de seguros en el ámbito internacional.Abstract: This study analyses one of the most difficult problems of the international contract law: the law applicable to the insurance contracts and other contracts involve in the insurance market. In the insurance field there are different types of contracts, and the conflict of law rules and law applicable is different for each kind of contract. This led to a fragmentation of the conflict of law solutions relating to insurance.Keywords: European Union, Private International Law, international agreements, international insurance contracts

scholarly journals SYNCHRONIZATION OF APPLICABLE LAW WITH FORUM IN SUCCESSION AND MATRIMONIAL PROPERTY MATTERS IN THE EU AND UKRAINE

2021 ◽  
Author(s):  
I. Dikovska
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
International Jurisdiction ◽  
Applicable Law ◽  
The Law ◽  
The Republic ◽  
Criminal Matters ◽  
The Eu

The purpose of this paper is to determine the ways of synchronization of applicable law with forum in succession and matrimonial property matters under the EU Succession Regulation and the EU Matrimonial Property Regulation and the rules which may determine international jurisdiction and applicable law in Ukraine as well as answer the question on whether the rules of the Law of Ukraine on Private International Law which ensure synchronization of applicable law with forum in succession and matrimonial property matters match the needs of legal regulation of private relationships. The application of comparative, dialectical and formal-logical methods allowed concluding that synchronization of the applicable law with forum is provided by using of the same criteria for the determination of international jurisdiction and applicable law. The rules which ensure synchronization can: 1) necessarily lead to the application of the court's own law in some private legal matters; 2) be an alternative to the other methods of determination of the applicable law and international jurisdiction which is applied if the parties to the respective relationship conclude the choiceof-law and choice-of-court agreements linking to the law and the court of the same state. Synchronization of the law with the forum in matrimonial property matters is possible under of the Law of Ukraine 'On Private International Law' if the spouses have concluded the choice-of-law and choice-of-court agreements and in some other cases. It has been proved that the rules of the Law of Ukraine 'On Private International Law' which apply dualistic approach for determination of the law governing succession relationships does not allow to achieve synchronization of the applicable law with the forum in succession matters in all cases. It has been demonstrated that the presence of immovable property in the estate located abroad leads to the application of a foreign law to the succession of such property, even if a deceased, being a citizen of Ukraine, has chosen in his will the law of Ukraine as the law applicable to the succession. It has been concluded that the Law of Ukraine 'On Private International Law' should be amended in such a way that the choice of the law applicable to the succession made by a deceased in the will should cover the succession of movable and immovable property regardless of its location. Keywords: synchronization of law with the forum; law applicable to succession; international jurisdiction in succession matters; international jurisdiction in family matters; Succession Regulation; Matrimonial Property Regulation; Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal matters; Law of Ukraine 'On Private International Law'.

INDIVIDUALNA KOMUNIKACIJA I AUTOMATIZOVANO PREGOVARANjE KOD ELEKTRONSKIH UGOVORA

2021 ◽  
Author(s):  
Slavko Đorđević ◽  
Keyword(s):  
International Law ◽  
Third Party ◽  
Private International Law ◽  
Main Attention ◽  
Applicable Law ◽  
The Law ◽  
Internal Relationship ◽  
Conflict Of Law

Тhis paper analyses the conflict-of-law regime for agency, where the main attention is given to the problem of determining applicable law for existence, extent and effects of agent’s authority (including effects of excess of authority and acting without authority), since Serbian Private International Law Act (SPILA) does not contain the special conflict-of-law rules for these issues. Having this in mind, the analysis is focused on whether the mentioned issues concerning agent’s authority should be governed by the law applicable to the internal relationship between principal and agent or by the law applicable to the contract between principal and third party, or it is necessary to create the new conflict-of-law rules for these issues in accordance with Art. 2 of SPILA that regulates filling the legal gaps. After providing the arguments against first two solutions, the author explains how to create the new conflict-of-law rules for existence, extent and effects of agent’s authority (including effects of excess of authority and acting without authority) in accordance with Art. 2 of SPILA.

scholarly journals OBLIGATIONS, ARISING OUT OF DEALINGS PRIOR TO THE CONCLUSION OF A CONTRACT WITH FOREIGN PARTNERS: EUROPEAN EXPERIENCE OF CONFLICTS-OF-LAW REGULATION

2016 ◽  
pp. 0-0
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
International Law ◽  
European Parliament ◽  
Private International Law ◽  
European Law ◽  
Applicable Law ◽  
European Experience ◽  
The Law ◽  
Contractual Obligations ◽  
Law Regulation ◽  
Conflict Of Law

The article covers the analysis of conflict-of-law regulation of obligations, arising out of dealings prior to contract conclusion in European law. Such regulation is described in article 12 of the Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). The author considers conflict-of-law regulation of precontractual relations from the perspective of the following aspects: possibility of applying the agreement about the law applicable to precontractual relations; applying the contractual connecting factor for determining the law applicable to precontractual relations; exploration of other connecting factors applicable to the precontractual relations in case of impossibility to determine the applicable law on the basis of the contractual connecting factor. The author draws the conclusion that the opportunity given to the negotiating parties to choose the applicable law is in line with the tendency of private international law development towards the extension of the parties’ autonomy. In the absence of such choice, Rome II Regulation contains a special conflict-oflaw regulation, which accommodates parties’ interests.

scholarly journals Prawo właściwe dla zobowiązań deliktowych wynikających z naruszenia zasad ochrony danych osobowych przyjętych w RODO

2020 ◽  
pp. 39-59
Author(s):  
Marek Świerczyński
Keyword(s):  
European Union ◽  
International Law ◽  
Personal Data ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
National Courts ◽  
International Data ◽  
Conflict Of Law

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.

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

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.

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.

A re-examination of the conflict rules governing the validity of international contracts

2020 ◽  
Vol 7 (2) ◽  
pp. 41-59
Author(s):  
Prince Obiri-Korang
Keyword(s):  
International Law ◽  
Common Law ◽  
Careful Examination ◽  
Private International Law ◽  
Choice Of Law ◽  
Judicial Decisions ◽  
Legitimate Interest ◽  
The Law ◽  
Governing Law

Generally, under choice of law, the issue of uncertainty associated with the determination of the governing law of international contracts is quite clear. The level of this uncertainty, however, increases when dealing with questions about which law governs the validity of such contracts. Like other areas of private international law, matters concerning validity present several unique challenges both in theory and in practice, making it the most complicated topic in private international law literature. In fact, the uncertainty in this area has led to a situation where different rules are applied by different states, without taking into consideration the link that should exist between the state whose law becomes applicable and the function that the law is expected to serve – determining the validity of a contract. This article attempts to contribute to existing literature on choice of law questions regarding the validity of international contracts and also provides solutions, based on the underlying principles of private international law of contract that effectively address the uncertainty in this area of law. The article submits that the law that governs the validity of an international contract must, at all times, be one that has a legitimate interest in matters concerning the legality or otherwise of such contracts. In this regard, the article strongly opposes the theory that the parties’ intention determines the law that governs the validity of their contract. After a careful examination of literature and landmark judicial decisions in both civil law and common law jurisdictions, the article concludes that the lex loci solutionis is the appropriate law to determine matters relating to the validity of international contracts.

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