On Private International Law, the EU and Brexit

2019 ◽  
pp. 95-114
Author(s):  
Marta Requejo Isidro
Keyword(s):  
International Law ◽  
Small Businesses ◽  
Common Law ◽  
Civil Law ◽  
Significant Loss ◽  
Private International Law ◽  
Legal Certainty ◽  
Swift System ◽  
The Eu

There is a key value embedded in the EU regime: legal certainty, as explained by Marta Requejo Isidro in this final chapter of Part I. Requejo Isidro examines the impoverishment that Brexit represents in the specific context of private international law and transnational litigation, in both commercial and family law, as this exit means a significant loss in terms of legal certainty for all parties involved. Admittedly, the hurdles of uncertainty regarding jurisdiction, or the disadvantages of losing a swift system for passporting UK judgments into Europe will not affect all stakeholders equally: some groups of the population, such as consumers, employees, small businesses, children or maintenance creditors, are likely to endure worse experiences than major litigants in complex corporate litigation. This chapter analyses the complexities of Brexit in this field as well as the contributions of English and Scottish legal systems to the development of EU private international law from a continental European perspective. It concludes that Brexit means overall impoverishment. EU law is as it is – not civil law, not common law, not even mixed, but European – thanks to many influences, including the very important British common law perspective.

Property

2019 ◽  
pp. 278-304
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Common Law ◽  
Foreign Country ◽  
Private International Law ◽  
The United Kingdom ◽  
The Common ◽  
The Law ◽  
The Eu

This chapter discusses English private international law in terms of property. The private international law of property covers immovable and movable property, tangible and intangible property, as well as intellectual and family property. In the United Kingdom, most of the conflicts rules are established by the common law. Although the EU intervened to harmonize private international law in the fields of succession to property and matrimonial property, those Regulations did not extend to the United Kingdom. Where the conflicts rules are found in the common law, a court may be entitled to apply the law selected in its renvoi sense: that is to say, to apply the law (including any conflicts rules) as it would be applied by a judge sitting in the foreign country and hearing the case himself.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

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 “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

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