scholarly journals Establishing the content of foreign law through international treaties

2020 ◽  
Vol 3 ◽  
pp. 81-85
Author(s):  
Herman Galuschenko
Keyword(s):  
International Law ◽  
International Agreements ◽  
Private International Law ◽  
Legal Assistance ◽  
International Treaties ◽  
Additional Source ◽  
Bilateral Agreements ◽  
Procedural Law ◽  
Foreign Law

In the article, the author gives the main mechanisms of establishing the content of foreign law, which are applied in most states – namely, briefly stated rules of civil procedural codes or special laws on private international law. The author focuses on the fact, that an additional source for mechanisms of establishing and clarifying content of foreign law are also international agreements, in particular – bilateral agreements on legal assistance, which states conclude between themselves to establish cooperation in order to resolve civil and criminal cases.It was found out, that in most countries, the legislator, despite the existence of civil procedural law and law on private international law, singles out international treaties, allowing to apply clear and effective mechanisms to establish the content of foreign law. This practice is not a new phenomenon in the science of private international law.

scholarly journals СORRESPONDENCE OF THE NAMES OF THE STRUCTURAL PARTS OF INTERNATIONAL BILATERAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE TO THEIR TEXT (ON THE EXAMPLE OF AGREEMENTS ON SOCIAL SECURITY)

2021 ◽  
pp. 115-121
Author(s):  
H. S. Phedinyak
Keyword(s):  
Social Security ◽  
International Law ◽  
International Agreements ◽  
Vienna Convention ◽  
Private International Law ◽  
International Treaties ◽  
International Treaty ◽  
Bilateral Agreements ◽  
Written Form ◽  
The Republic

International treaty is mode of creating norms of international law and private international law. Treaties are legally binding agreements between two or more states. According Vienna Convention on Law of Treaties (1969, May 23), which came into force on January 27, 1980 treaty means an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or two or more related instruments and whatever its particular designation. International treaties are acts that contain unified rules that are binding on the subjects of law of at least two states. Ukraine participates in a significant number of international agreements, both multilateral and bilateral. The rules of legislative technique are applied to the presentation of the text of international agreements. The qualitative text of an international treaty with the participation of the state proposing the text of the treaty is the "card" of this state. This article analyzes the application of some rules of legislative technique in the creation of international treaties. The texts of international bilateral agreements with Ukraine on social security are analyzed. Attention is drawn to the names of some sections, chapters, articles of such international agreements as: Agreement between Ukraine and the Republic of Poland on social security of May 18, 2012; Agreement between Ukraine and the Kingdom of Spain on social security of citizens of October 7, 1996; Agreement between Ukraine and the Portuguese Republic on social security of July 7, 2009. The text of these international bilateral agreements needs to be changed.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 49 Turkey: Turkish Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Ekşi Nuray
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
International Treaty ◽  
Foreign Nationals ◽  
Procedural Law ◽  
Commercial Code ◽  
Turkish Commercial Code ◽  
The Hague ◽  
Nationality Law

This chapter explores Turkish perspectives on the Hague Principles. The content of Turkish Private International Law is highly comprehensive. In addition to choice of law and international procedural law, it also covers nationality law, as well as the law on foreign nationals. Private international law rules and issues regarding international procedural law are codified in Law No 5718 on Private International Law and Procedural Law (PILA), which has been in force since 2007. Besides the PILA, the Turkish Commercial Code contains conflict of laws rules regarding bills of exchange, checks, and promissory notes. According to Article 1(2) PILA, the application of international treaties ratified by Turkey takes priority over the application of PIL rules. Consequently, in each case, the court, before taking into account PILA’s Articles, has to determine whether any international treaty exists regarding international commercial contracts. If an international treaty exists, then it takes priority unless otherwise expressed in the treaty itself. For the time being, the Turkish Parliament has no intention to revise the PILA and supplement it with the Hague Principles.

scholarly journals Peculiarities of inheritance of deceased's property in international private law

2021 ◽  
pp. 39-42
Author(s):  
Halyna ANIKINA
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
Private Law ◽  
Time Of Death ◽  
Private International Law ◽  
International Treaties ◽  
The Third ◽  
International Private Law ◽  
The Relationship

Introduction. The paper is devoted to the study of the peculiarities of the inheritance of deceased property in private international law. The concept of “foreclosed property” is defined. The relationship between the terms “foreclosed property” and “dead heritage” has been clarified. Purpose. In private international law there are two theories (principles) of acquisition of ownership of foreclosed property: the theory of occupation and the theory of inheritance. The essence of each of the approaches to the inheritance of property by the state in private international law is clarified. The list of countries where the “principle of occupation of foreclosed property” is enshrined in law and the countries that apply the theory of inheritance on the principle of the closest connection. Results. The opinions of scientists on the expediency of applying each of the principles have been studied. It has been found that the most effective way to overcome conflicts over the inheritance of foreclosed property between states is through international agreements. In all international treaties governing the relations of inheritance with a foreign element in which Ukraine participates, the same solution to the issue of inheritance of foreclosed property by the state is enshrined. Movable property shall become the property of the Contracting Party of which the testator was a national at the time of death, and immovable property shall become the property of the Contracting Party in whose territory it is located. Conclusion. It is concluded that the application of the third principle of inheritance of foreclosed property in private international law – the “principle of splitting the hereditary statute”.

scholarly journals Saznanje i primena stranog prava u međunarodnom privatnom pravu Republike Srbije

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 109-132
Author(s):  
Sanja Stankovic
Keyword(s):  
International Law ◽  
Competent Authority ◽  
European Convention ◽  
Private International Law ◽  
Bilateral Agreements ◽  
Cross Border ◽  
Foreign Law ◽  
Multilateral Agreements ◽  
The Law ◽  
The Republic

Today, as a consequence of cross‐border movement of people, goods, capital and delivering of services exists more and more cases with international element. Authority of state before which the process is started, firstly by establishes the existences of international jurisdiction. If the authority establishes its competence, by conflict rule it determines ex officio the law of state which law should be applied. When the law of foreign state has to be applied, competent authority is obliged ex officio to deterime and apply it.The methods of cognition of foreign law content are regulated by law regulating private international law, bilateral agreements regulating international legal assistance, multilateral agreements sedes materiae, i.e. European Convention on information about foreign law and multilateral agreements lex specialis.The purpose of this paper is to present the concepts encompased in legal sources of the Republic of Serbia, and to compare them mutually as well as to present the provisions of comparative practice, i.e. states in the region.

scholarly journals TERMINOLOGY OF INTERNATIONAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE (ON THE EXAMPLE OF SOCIAL SECURITY AGREEMENTS)

2021 ◽  
pp. 237-244
Author(s):  
H. S. Phedinyak
Keyword(s):  
Social Security ◽  
International Law ◽  
International Agreements ◽  
Private Law ◽  
Private International Law ◽  
International Agreement ◽  
Bilateral Agreements ◽  
Foreign Text ◽  
Security Agreements

Ukraine is a party to many international agreements. International bilateral agreements on social security are among them. These contracts, like any other, must be of good quality. The quality of international agreements is achieved through the use of legislative techniques. Legislative technique involves the correct use of terminology. This article analyzes, in particular, the provisions of the Agreement between Ukraine and the Portuguese Republic on Social Security of 7 July 2009 and the Agreement between Ukraine and the Kingdom of Spain on Social Security of 7 October 1996 and demonstrates incorrect use of terminology in their text. The text of these international bilateral agreements needs to be changed. Some of the conclusions: the language of the international agreement with the participation of Ukraine must comply with the principles of scientificity and publicity. Legal terminology should not be confused with commonly used terms. Terms of private international law are mandatory for use in international agreements involving Ukraine, the rules of which regulate private law relations with a foreign element. No need to use unnecessary words in the text of an international agreement. It is not always advisable to translate the foreign text of an international agreement literally. The text of an international agreement should not be confusing, superficial. It should be complete, comprehensive, and concise. Each norm must be completed and meet the objectives of the international agreement.

scholarly journals HUKUM INTERNASIONAL SEBAGAI SUMBER HUKUM DALAM HUKUM NASIONAL (Dalam Perspektif Hubungan Hukum Internasional Dan Hukum Nasional Di Indonesia)

2013 ◽  
Vol 2 (1) ◽  
pp. 67
Author(s):  
Dina Sunyowati
Keyword(s):  
International Law ◽  
International Agreements ◽  
International Agreement ◽  
International Treaties ◽  
Bilateral Agreements ◽  
Multilateral Agreements

Countries agreement contained in an international agreement in the form of bilateral agreements, regional and multilateral agreements that are binding on the parties and a law for that entered into an agreement (pacta sunt servanda). International agreements that have been agreed and validated in a ratification by a country, then the agreement is valid and binding upon all be a source of law for the enforcement of law in making decisions. This is true also in Indonesia. Any international agreement that has been followed by Indonesia, which is contained in a ratification requirement or not, still have the force of binding for both parties. Keywords: International Law, Sources of Law, International Treaties, International Agreements.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

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.

scholarly journals Conflict of Laws: Jurisdiction of the Court and Choice of Law in Cross-Border Matrimonial Suit in India

2017 ◽  
pp. 80-87
Author(s):  
Indrani Kundu
Keyword(s):  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Civil Union ◽  
Foreign Law ◽  
Marriage Laws ◽  
The Difference ◽  
Domestic Law ◽  
Legal Procedures

Marriage, a civil union between two persons, involves some legal procedures which determine the rights and liabilities of parties in such civil union. Conflict of marriage laws is the conflict of laws governing status and capacity to marry defined by personal laws of parties to the marriage. Rules of Conflict of Laws are set of procedural rules which determine A) which legal system will be applicable to a given dispute, & B) which Court will have jurisdiction to try the suit.In the words of Dicey and Morris, rules of Private International Law do not directly determine the rights and liabilities of persons, rather it determines the jurisdiction of Court and the choice of body of law i.e. whether by the domestic law or by any foreign law, the case will be decided. This paper, by adopting doctrinal approach, seeks to find the criteria for Indian court to exercise jurisdiction in cross border matrimonial suit. Further, it endeavors to find out the difference between term ‘domicile’ and ‘residence’.

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