The Conflict of Laws Relating to the Creation of Covenants for Title

The states of the European Union have so far concluded two major conflict of laws conventions: The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, and the Rome Convention on the Law Applicable to Contractual Obligations. Professor Juenger here reflects on the creation and experience of these treaties and concludes that the Brussels/Lugano Conventions present a model for the world while the Rome Convention shows what to avoid.

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Domicile and Residence

Private International Law ◽

10.1093/oso/9780199489282.003.0002 ◽

2018 ◽

pp. 3-16

Author(s):

V.C. Govindaraj

Keyword(s):

Conflict Of Laws ◽

Permanent Home ◽

The Creation ◽

Set Up

The domicile of a person is in that country in which he either has or is deemed by law to have his permanent home. The concept of domicile is the creation of law. A person acquires a domicile in a country based on his intention to set up residence there permanently animo et facto, that is, intention and fact of residence. The Indian Conflict of Laws, though by and large based on the English Conflict of Laws, nevertheless rejects the English doctrine of revival of domicile of origin by virtue of Section 13 of the Indian Succession Act, 1925.

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9 The Creation and Administration of a Trust in the Conflict of Laws

Current Legal Problems ◽

10.1093/clp/6.1.176 ◽

1953 ◽

Vol 6 (1) ◽

pp. 176-195

Author(s):

Valentine Latham

Keyword(s):

Conflict Of Laws ◽

The Creation

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Regulation of Cross-Border Copyright Relations related to Works with an Unknown Copyright Holder (Orphan Works)

Actual Problems of Russian Law ◽

10.17803/1994-1471.2020.121.12.109-121 ◽

2020 ◽

Vol 15 (12) ◽

pp. 109-121

Author(s):

O. V. Lutkova

Keyword(s):

Copyright Protection ◽

Copyright Holder ◽

Legal Regime ◽

Conflict Of Laws ◽

Cross Border ◽

National Courts ◽

Opt Out ◽

Work Limitation ◽

The Status ◽

The Creation

The existing options for regulating the admission of third parties to the use of orphan works are not unified and tend to the legal presumptions opt-in (the copyright holder disagrees by default) or opt-out (the copyright holder agrees by default). There are certain common directions of the development of regulation concerning such issues as key understanding of an orphan works, preliminary search for a copyright holder, providing the copyright holder with the opportunity within a certain period to restore his rights and receive compensation for the use of a work, limitation of compensation for the use of an orphan works. Some states also show a tendency to the development of regulation of access to orphaned works specifically for cross-border relations: the creation of joint storage banks and cooperation of such banks (EU); recognition of the status of an orphan work established in one state by other (contracting) states (EU); the perception (In the established case) by national courts of supporting documents issued in a foreign jurisdiction on the search for the copyright holder as evidence of the orphanhood of the work (USA); establishment of conflict of laws regulation for finding the law applicable to relations with works restored under copyright protection (USA). Due to the fact that the activities of states to regulate access to works with an unknown rightholder contradicts the concept of the exclusivity of copyright and the imperativeness of their validity, the creation of a legal regime for the protection of orphan works should be initiated at the conventional (unifying) level.

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The role of affect in feelings of obligation

Behavioral and Brain Sciences ◽

10.1017/s0140525x19002449 ◽

2020 ◽

Vol 43 ◽

Author(s):

Stefen Beeler-Duden ◽

Meltem Yucel ◽

Amrisha Vaish

Keyword(s):

Positive Emotions ◽

The Creation ◽

Sense Of Obligation

Abstract Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.

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