Foreign powers of attorney relating to real estate – the issue of the probative value of a document and the effectiveness of a legal act from the perspective of the land and mortgage registry court

2021 ◽  
Vol II (II) ◽  
pp. 27-49
Author(s):  
Paweł Czubik
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Power Of Attorney ◽  
Bilateral Agreements ◽  
Probative Value ◽  
Cross Border ◽  
Bilateral Agreement ◽  
Governing Law

The role of foreign powers of attorney in contemporary legal and economic transactions is constantly growing. This is due to the widespread labour migration and, paradoxically, in the last year, also with difficulties in cross-border movement during the COVID-19 pandemic. In judiciary and notarial practice, the assessment of foreign documents, including powers of attorney, is a threestage process. Firstly, the court should pay attention to the probative value of a foreign document. In principle, it is equal to the probative value of a national document (Article 1138 of the Code of Civil Procedure). Only certain categories of documents require consular legalization. It is used when there is no bilateral agreement eliminating or reducing this requirement with the country where the document has been issued. In the case of many countries, legalization was replaced by the apostille clause provided for in the 1965 Hague Convention. Secondly, the court should analyse the formal effectiveness of the legal act, taking into account the principles derived from Article 25 of the 2011 Private International Law Act and, in some cases, bilateral agreements. Last but not least, thirdly, the court should examine the material effectiveness of the act. The governing law of the power of attorney may, pursuant to Article 23 of the Private International Law Act, be subject to the choice of law rule. This text is a guide for courts on how to deal with foreign powers of attorney in land and mortgage registry proceedings.

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.

scholarly journals ISOLATION OF CHILDREN IN FOREIGN ABODES DUE TO CROSS BORDER BROKEN MARRIAGES

2018 ◽  
pp. 203-208
Author(s):  
Archana Shah
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Global Village ◽  
Child Abduction ◽  
Cross Border ◽  
Foreign Countries ◽  
International Child ◽  
The Hague ◽  
The Hague Convention

The world has become a global village and distance is no more the challenge. The direct impact of this positive change can be seen in interaction of various citizens of different countries belonging to diverse social, cultural and religious background. But cross border movements, inter-country migration and cross border marriages creates a new challenge like inter parental child abduction. In case of cross border broken marriages, there arise various issues like infringement of spouse’s parental rights, parallel conflicting legal disputes in different countries, non participation of various countries to Hague convention for welfare of children, isolation of child in foreign abodes due to connection with Indian soil, etc. Inter parental child abduction is neither considered as an offence, nor it is covered under any statutory laws of India. Like 94 nations, India is not a signatory to The Hague Convention on Civil Aspects of International Child Abduction, 1980, a multi lateral treaty developed by Hague Conference on Private International Law. Due to its non signatory status the judges of foreign countries do not trust Indian courts and do not permit the parent to take child to India, fearing its non-return. In absence of any international legal instrument, the litigating parents will have to bear unnecessary expenses of visa, travel, litigation, etc and unfortunate child will become a trophy to be won in the clashes of egos of litigating parents.

The International Protection of Adults

2015 ◽  
Keyword(s):  
International Law ◽  
Hague Convention ◽  
The United States ◽  
Private International Law ◽  
International Protection ◽  
Federal States ◽  
Cross Border ◽  
The Hague ◽  
The Uk ◽  
Detailed Work

Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.

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.

Part F Cross-Border Issues, 41 The Banker–Customer Contract in Private International Law

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
International Law ◽  
Portfolio Management ◽  
Customer Relationship ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Legal Nature ◽  
Governing Law ◽  
The Relationship ◽  
Gain Access

This chapter revisits the banker–customer relationship. The contractual nature of the relationship considered in Chapter 15 assumed that the bank was established in England and that its customer was also resident in the same country. However, that analysis is by no means of universal. Multinational companies, for instance, may need to have bank accounts in a number of different countries; wealthy individuals may opt to maintain accounts with banks in more advanced jurisdictions to gain access to portfolio management or other services. Banks may promote their services to overseas customers and wish to take security over assets situate outside England. How do these affect the legal nature of the banker–customer relationship? The chapter discusses the governing law of the banker–customer relationship; the effect and consequences of the applicable law; the law governing capacity and authority; and the situs of deposit obligations.

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.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

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