scholarly journals Regionalne ujednolicenie prawa prywatnego międzynarodowego w Skandynawii ze szczególnym uwzględnieniem spraw spadkowych

2021 ◽  
Vol 29 ◽  
pp. 5-37
Author(s):  
Jagoda Klimala
Keyword(s):  
International Law ◽  
Detailed Analysis ◽  
European Parliament ◽  
Nordic Countries ◽  
Private International Law ◽  
Inheritance Law

The aim of the following article is to introduce characteristics of the Nordic countries’ cooperation in the field of private international law, with particular emphasis on legislative cooperation concerning matters of inheritance law. The study discusses the genesis, characteristics and methods of legislative cooperation, along with selected Nordic conventions on private international law. As an example of a legal act of such kind, the article presents the Convention of 19 November 1934 comprising private international law provisions on succession, wills and estate administration, the detailed analysis of which was based on the author’s translation of the act from Swedish to Polish. Selected detailed issues discussed in the content of the Convention were also presented, some of which were compared to the solutions adopted by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012.

scholarly journals UNIFICATION OF INHERITANCE LAW PROVISIONS IN PRIVATE INTERNATIONAL LAW

2020 ◽  
Vol 4 ◽  
pp. 13-19
Author(s):  
Kristine V. Trifonova ◽  
◽  
Sergey G. Trifonov ◽  
Keyword(s):  
International Law ◽  
International Organizations ◽  
Private Law ◽  
Private International Law ◽  
Legal Analysis ◽  
Inheritance Law ◽  
Conflict Of Laws ◽  
Legal Relationship ◽  
Modern Development ◽  
International Private Law

The article discusses topical issues and features of the unification of inheritance law in the international private law. The beginning of unification processes is associated with the presence of various approaches to the settlement of hereditary relations complicated by a foreign element in various legal systems. The article provides a theoretical and legal analysis of such a phenomenon as a complication of hereditary legal relations of foreign a new subject. To solve certain conflict of laws in the field of inheritance law, in particular, by will, the main international acts are followed. The authors aim to study the unification processes in the field of inheritance law in the international private law, which reflect modern development trends in a theoretical sense. In conclusion, the authors come to the conclusion that the legislation of a number of states is trying to protect the rights of weak parties in a potentially equal legal relationship. In this case, we are talking about the corresponding legislative consolidation general principle of law— the use of favorable law for the weak side of the legal relationshipHowever, the possibility of unification approaches of states to solving the issue of post-mortem rights can be defined not even as a trend, but as a be separately considered within the framework of international organizations dealing with issues of unification of inheritance law.

scholarly journals The Directive 2016/97 On Insurance Distribution (IDD) And Private International Law

2020 ◽  
Vol 38 (3) ◽  
pp. 113-143
Author(s):  
Mariusz Fras
Keyword(s):  
International Law ◽  
European Parliament ◽  
Third Parties ◽  
Private International Law ◽  
Legal Problem ◽  
Insurance Law ◽  
Practical Implications ◽  
Disclosure Obligations

Clear normative grounds for the information obligation are visible in the Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (hereinafter: IDD). One of the challenges before insurance law is to answer the question whether and how one should sanction violations of disclosure obligations resulting in the absence of the desired insurance protection. In this aspect important legal problem is law applicable to the assessment of liability for violation of disclosure obligations by the insurer. The second important problem is law applicable to the assessment of liability for violation of disclosure obligations by third parties vis-a-vis the insurer. Some remarks concerning jurisdiction in matters relating to the loss of chance to become insured, have different practical implications.

THE COMMUNITARIZATION OF DIVORCE RULES: WHAT IMPACT FOR ENGLISH AND SCOTTISH LAW?

2004 ◽  
Vol 53 (3) ◽  
pp. 605-642 ◽  
Author(s):  
Peter Mceleavy
Keyword(s):  
European Union ◽  
International Law ◽  
Detailed Analysis ◽  
European Community ◽  
Family Law ◽  
Private International Law ◽  
The European Union ◽  
Directorate General ◽  
Council Regulation ◽  
Free Movement Of Persons

Family law may not be an area one immediately associates with the European Community but in recent years it has rapidly emerged as an important element of the ever-expanding portfolio of the Justice and Home Affairs Directorate General.1 Facilitating the circulation of family law orders through the harmonization of private international law rules is viewed in Community circles as essential if the free movement of persons is to be guaranteed within the European Union.2 The merits of this policy and the manner in which the transformation of the Brussels II Convention3 into a Council Regulation4 was used to acquire wider competence in respect of family law matters have both previously been considered.5 In the present paper such policy considerations are left aside to allow for a detailed analysis of those rules which deal with divorce and their effect on English and Scottish law.

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 Pactele succesorale privite din perspectiva dreptuluii internațional privat

2021 ◽  
Vol 65 (4) ◽  
pp. 903-933
Author(s):  
Dan-Andrei Popescu ◽  
Keyword(s):  
Functional Analysis ◽  
International Law ◽  
Comparative Law ◽  
European Parliament ◽  
Private International Law ◽  
Applicable Law ◽  
Binding Force ◽  
Recognition And Enforcement ◽  
The Creation ◽  
The Law

This article aims at an analysis of agreements as to succession from the perspective of private international law. All forms of succession agreements are considered, including mutual wills. The study also contains references to comparative law in the field. The relevant provisions of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession – are analyzed. 650/2012, distinguishing between unilateral and bi- or multilateral pacts, as well as between the admissibility of pacts and issues related to their validity, including binding force and provisions on termination. The article concludes with a functional analysis dedicated to adapting the effects of agreements as to succession, wich are valid according to the hypothetical succession law, given that the lex successionis is hostile to them. More specifically, there is the issue of protecting the interests of force heirs by reference to the law applicable to the succession.

Diversity and Integration in Private International Law

2019 ◽  
Keyword(s):  
South America ◽  
International Law ◽  
Value Systems ◽  
Private International Law ◽  
Diverse Range ◽  
Cross Border ◽  
Wide Range ◽  
Depth Analysis ◽  
And Shifts ◽  
Substantive Law

This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.

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