scholarly journals EU Private International Law on the Law Applicable to Cross-border Contracts involving Weaker Contracting Parties

2021 ◽  
Vol 31 (1) ◽  
pp. 6-10
Author(s):  
L.M. van Bochove
Keyword(s):  
International Law ◽  
Private International Law ◽  
Cross Border ◽  
The Law

Private International Law

2018 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Application Of Law ◽  
Cross Border ◽  
Corrective Measures ◽  
The Supreme Court ◽  
The Law

In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards. The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.

30 South Korea

2018 ◽  
Author(s):  
Hong Suhn-Kyoung ◽  
Cheong Seong-Koo
Keyword(s):  
South Korea ◽  
International Law ◽  
Legal Framework ◽  
Civil Code ◽  
Private International Law ◽  
Cross Border ◽  
The Law ◽  
The Right ◽  
Insolvency Proceedings ◽  
Governing Law

This chapter discusses the law of set-off in South Korea, along with certain restrictions on the exercise of the right of set-off in insolvency proceedings. The legal framework for set-off in South Korea is based on the Civil Code. The courts have also generally supported set-off as a means of satisfying a claim or discharging debt. The Korean Private International Law does not expressly lay down the governing law for set-off. This governing law issue is commonly discussed under two scenarios: set-off is undertaken on the basis of a set-off agreement between the parties; and set-off is undertaken in the absence of an agreement. The chapter first considers the governing law of contractual and non-contractual set-off in South Korea before turning to set-off between solvent parties and set-off against insolvent parties. It also analyses issues arising in cross-border set-off.

Introduction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Reform Initiatives ◽  
The Public ◽  
Cross Border ◽  
The Law

This chapter introduces the topic of the book with particular focus on displaying its diversity. It brings attention to the challenges we face, especially due to our current territoriality-focused paradigm. It hints at the tools—the law reform initiatives—needed to solve the Internet jurisdiction puzzle. Finally, this chapter outlines and discusses a set of fundamental assumptions that have impacted how the author views this area of law. Based on those fundamental assumptions, it is argued that the Internet serves humanity best where it caters for cross-border interaction governed by law: law with an appropriate reach determined not merely by national territoriality but also by broader international interests that transcend the public/private international law divide.

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 Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions: Aggravation of Conflict-of-Laws Problem

2020 ◽  
Vol 15 (6) ◽  
pp. 84-94
Author(s):  
D. V. Andriyanov
Keyword(s):  
International Law ◽  
Oil And Gas ◽  
Legal Regulation ◽  
Smart Contracts ◽  
Private International Law ◽  
Computer Algorithms ◽  
The European Union ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Law

Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.

scholarly journals Nature of Mediation Clauses from the Point of View of Private International Law

2019 ◽  
Vol 19 (2) ◽  
pp. 224-238
Author(s):  
Miluše Hrnčiříková
Keyword(s):  
International Law ◽  
Point Of View ◽  
Private International Law ◽  
Popular Method ◽  
Cross Border ◽  
The Law ◽  
Substantive Law ◽  
Governing Law ◽  
Rome I ◽  
Legal Consequences

Summary Mediation as a popular method of ADR is more and more often used while solving cross border disputes. Although the mediation clauses are included into the commercial contracts almost automatically, no attention is paid to its validity, enforceability and other legal consequences. The article provides a study on the nature of mediation clauses that crucially influences the law governing validity of mediation clauses. It is the position of the author that mediation clauses are primary institutes of the substantive law and thus the governing law should be determined in accordance with the Rome I regulation.

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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