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”.

Secular Law as the “King's Law”: Zionist Halakhah and Legal Theory

AJS Review ◽  
2019 ◽  
Vol 43 (01) ◽  
pp. 47-66
Author(s):  
Itzhak Brand
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Private International Law ◽  
Jewish State ◽  
Conflict Of Laws ◽  
The Third ◽  
The Relationship ◽  
State Of Israel

What is the possibility of secular law in the religious Jewish state? This article will focus this question on the attitude of Zionist halakhic decisors toward the secular law of the land when that land is the State of Israel. Are these decisors willing to recognize Israeli law as falling into the halakhic category of “the King's Law” (mishpat ha-melekh)? Halakhic literature offers various justifications for the king's authority. The first justification is philosophical and jurisprudential; the second is political; and the third is legal in nature. Various justifications for the King's Law yield different models of its force and authority, which contrast in the relationship they posit between the King's Law and Torah Law. This article examines this question from the perspective of the legal discussion of the relationship between competing systems of law (private international law and issues related to the conflict of laws).

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 Mujer, matrimonio y maternidad: cuestiones de Derecho internacional privado desde una perspectiva de género = Woman, marriage and motherhood: issues of Private International Law from a gender perspective

2018 ◽  
Vol 10 (1) ◽  
pp. 439
Author(s):  
Carmen Vaquero López
Keyword(s):  
International Law ◽  
Gender Equality ◽  
Public Order ◽  
Private Law ◽  
Private International Law ◽  
Gender Perspective ◽  
Men And Women ◽  
International Private Law

Resumen: En los últimos tiempos la lucha por alcanzar la igualdad de género y acabar con las injusticias que separan a hombres y mujeres se ha convertido en una auténtica “revolución” que ha invadido prácticamente todos los ámbitos sociales. Este movimiento debe también remover los principios que informan las soluciones de Derecho internacional privado en nuestro país. En el presente trabajo se analizan desde una perspectiva de género dos instituciones que tradicionalmente han sido bastión del patriarcado y cuya regulación se ha venido llevando a cabo desde consideraciones principalmente androcéntricas: el matrimonio y la maternidad.Palabras clave: estereotipo, principio de igualdad, dignidad, orden público, interés de la mujer.Abstract: In the latest times, the fight for achieving the gender equality and for putting an end to the injustices that separates men and women has become a true “revolution” that has invaded practically all social areas. This movement should also remove the principles that inform the solutions of International Private Law. In this paper we analyze from a perspective of gender two institutions that have traditionally been a bastion of patriarchy and whose regulation has been carried out from mainly androcentric considerations: the marriage and the motherhood.Keywords: stereotype, principle of equality, dignity, public order, interest of the woman.

scholarly journals Cuestiones vinculadas a la constitución de la adopción de mayores de edad: análisis desde el Derecho internacional privado español = Issues connected with the constitution of the adoption of adults: analysis from Spanish Private International Law

2019 ◽  
Vol 11 (1) ◽  
pp. 904
Author(s):  
María Jesús Sánchez Cano
Keyword(s):  
International Law ◽  
International Adoption ◽  
Controversial Issues ◽  
Private Law ◽  
Private International Law ◽  
Applicable Law ◽  
International Private Law

Resumen: Partiendo del estudio de la Ley 54/2007, de adopción internacional y después de examinar la normativa sustantiva sobre la adopción en España, el presente trabajo aborda el análisis de algunas de las cuestiones controvertidas que se suscitan respecto de las adopciones de personas mayores de edad y menores emancipados, desde la perspectiva del Derecho Internacional Privado y específicamente, en lo referente a la constitución de la adopción por las autoridades españolas.Palabras clave: Ley de adopción internacional, adopción internacional de personas mayores de edad, Derecho Internacional Privado, ley aplicable, validez de adopciones constituidas por autoridades extranjeras.Abstract: Based on the study of Law 54/2007, on international adoption and after having examined the substantive legislation on adoption in Spain, this paper deals with the analysis of some of the controversial issues that arise regarding adoptions of adults and emancipated minors, from the Private International Law perspective and specifically with regard to the constitution of adoption by the Spanish authorities.Keywords: International adoption law, international adoption of adults, International Private Law, applicable law, constitution of adoption by Spanish authorities.

scholarly journals RELATIONSHIP AND INTERACTION OF INTERNATIONAL PUBLIC, INTERNATIONAL PRIVATE LAW AND NATIONAL LAW

2019 ◽  
Vol 3 (88) ◽  
pp. 108
Author(s):  
Aleksandrs Baikovs ◽  
Ilona Bulgakova
Keyword(s):  
International Law ◽  
Theoretical Research ◽  
Axiomatic Method ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Analysis And Synthesis ◽  
The Relationship ◽  
Research Analysis

The purpose of this paper is to analyze the interplay between international public and private law and national law, and to provide an assessment of the theory of public and private law and its interrelationship.Private international law is closely linked to public international law. However, if public international law is an autonomous system of law, then private international law is an integral part of national law, since it governs cross-border private law relations.The objectives of the study stem from its purpose, namely:to clarify the nature and understanding of international public and private law; to clarify the relationship between international public and private law and national (internal) law. The object of the research is the problems of the relation and interrelation of international public and private law.As a result of the study, several conclusions were drawn, which are as follows: 1) public international law is an independent legal system, but private international law is an integral part of national law; 2) there is a relationship between public international law and private international law; 3) general theoretical categories and concepts are partly incompatible with the nature of both international public and private international law; 4) the value, validity, and credibility of contemporary theoretical research in international law largely depends on the inclusion of relevant categories andThe following methods have been used in the research: analysis and synthesis, induction and deduction, abstracting, generalization, analogy, idealization, formalization, axiomatic method, systematic and historical research.

The Practice and Case Law of Israel in Matters Related to International Law

1998 ◽  
Vol 32 (3) ◽  
pp. 475-527 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
The State ◽  
International Treaties ◽  
Depth Analysis ◽  
The Status ◽  
The Government ◽  
State Of Israel ◽  
Regular Practice

On February 24, 1998, the government submitted the International Treaties (Approval by the Knesset) Bill, 1998 to the Knesset. This governmental bill represents the culmination of fifty years of exchange between the Executive and the Legislature concerning the constitutional authority to conclude international agreements on behalf of the State of Israel.Normally, it would have been preferable to await the completion of the enactment process before commenting on the new legislative arrangements. Due to the constitutional importance of the Bill and the fact that it raises several important questions, the regular practice will be abandoned in this case.Despite the availability of an abundance of materials on the treatymaking practice of the State of Israel and the status of treaties under municipal Israeli law both in English and in Hebrew, an in-depth analysis of the Bill requires an extensive expositionde lex lataon both these questions. Only then will the provisions of the Bill be presented. This will take the form of an issue-by-issue analysis, with conclusions drawn in each segment. The review will conclude with several additional observationsde lege ferenda.

scholarly journals PRIVATE INTERNATIONAL LAW IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES

2019 ◽  
pp. 169-182
Author(s):  
M. V. MAZHORINA ◽  
L. V. TERENTYEVA ◽  
B. A. SHAKHNAZAROV
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
General Principle ◽  
Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Cross Border ◽  
Sovereign Equality ◽  
International Private Law ◽  
Information And Communication

The process of globalization, the development of information and communication technologies, networking are changing society dramatically and, as a result, its superstructure — law. International private law, by virtue of its own subject matter and special methodology, is at the forefront of the corresponding changes. The paper examines the problems of defining the concept of territorial sovereignty in the non-territorial information space that are of serious importance in relation to private international law. Its principles are the general principle of the sovereign equality of states, acting as a general principle for private international law, and a special principle of the sovereign equality of national law of states. The problem of the realization of the territorial nature of the conflict of attachment formulas and the grounds of international jurisdiction in relation to a certain segment of the extra-territorial information space is posed. The issue of conditionality of the adaptation of the principles and methodology of legal regulation of public relations in the conditions of digital technologies by the need to understand the conditions and boundaries of the implementation of sovereignty, the jurisdiction of the state in the information and communication space is investigated. The processes comprehended within the framework of the science of international private law are to some extent relevant for other branches of law. This paper analyzes such indicators of current changes in the legal paradigm as the impact of information and telecommunication technologies on the development of private international law, the place and increasing importance of non-state regulation in the process of streamlining cross-border private law relations, and the development of non-state systems for resolving cross-border disputes. The authors touch upon the problems of the use of blockchain technologies and the protection of intellectual property in cross-border private law relations; private adhocracy rulemaking, the formation of various social phenomena in the key lex mercatoria, the influence of international commercial arbitration, online platforms on the formation of current trends in the field of resolution of crossborder disputes, etc.

scholarly journals ON THE INTERPRETATION OF THE TERMS «LAW» AND «LEGISLATION» IN THE CONTEXT OF THE AUTONOMY OF WILL OF THE PARTIES TO INTERNATIONAL PRIVATE LAW RELATIONS

2020 ◽  
pp. 151-167
Author(s):  
Tatyana V. Novikova ◽  
Keyword(s):  
Russian Federation ◽  
International Agreements ◽  
Private Law ◽  
International Treaties ◽  
Commercial Arbitration ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
International Private Law ◽  
The Russian Federation ◽  
Law And Legislation

As a general rule, an express written agreement on applicable law is the most successful in the event of a dispute. However, the wording of the agreement, particularly when terms such as «law» and «legislation» are used, can cause significant difficulties in the law enforcement process. The practice of Russian courts and the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation has established the position that the parties' choice of «Russian Federation law» means, first and foremost, their choice of international treaties of the Russian Federation which are an integral part of its legal system and, as far as they are concerned, of Russian regulations. Difficulties in the practice of the International Commercial Arbitration Court are caused by the interpretation of the phrase «Russian Federation law» used in applicable law agreements. In some decisions it is understood as covering only Russian regulatory acts, in others it is understood as implying also international agreements of the Russian Federation. This problem is most acute in the application of the Convention on Contracts for the International Sale of Goods, as the Convention allows the parties to exclude its application. This problem is compounded by the fact that the legislator himself uses various terms in formulating conflict of laws rules. For example, as part of the conflict of laws regulation of contractual legal relations with a foreign element, the Agreement of the countries of the Union of Independent States on the procedure for settling disputes related to business activities uses the term «legislation» and the Civil Code of the Russian Federation uses the term «law». In this regard, we support Oleg Malkin's position on the expediency of using the term «law» both in national conflict of laws rules and in international treaties concluded by the Russian Federation. We believe that if the parties choose the «legislation of the Russian Federation», the ap-plication of international treaties of the Russian Federation will only be justified if the parties themselves confirm that they did not intend to exclude their validity. In the absence of a common position of the parties on this issue, the court and the arbitral tribunal will be forced to interpret the said phrase in the light of its literal meaning and in the light of Art. 3 and 7 of the Civil Code of the Russian Federation as covering only domestic legal acts and excluding (if such exclusion is permissible) international agreements. While acknowledging that in a number of cases the parties to applicable law agreements do not see any difference between the terms «law» and «legislation», we will point out the following. In the absence of an agreed position on the contrary, an express agreement must be interpreted only in accordance with its literal meaning, and a party that does not understand such meaning will suffer the adverse consequences of its misunderstanding. In this regard, the parties to international private law relations should once again be reminded of the recommendation to formulate the texts of applicable law agreements as precisely and unambiguously as possible.

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