Journal of Private International Law最新文献_第8页

Virtual Conference on Conflicts of Jurisdiction on 23 to 24 June 2022 and postponement of the biennial Journal of Private International Law Conference until 2023 将于2022年6月23日至24日举行关于管辖权冲突的虚拟会议，并将两年一次的《国际私法杂志》会议推迟至2023年

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Journal of Private International Law Pub Date : 2021-09-02 DOI: 10.1080/17441048.2021.2026571

引用次数: 0

The choice of foreign law in (predominantly) domestic contracts and the controversial quest for a genuine international element: potential for future judicial conflicts between the UK and the EU? 在(主要是)国内合同中选择外国法，以及有争议地寻求真正的国际要素:英国与欧盟之间未来可能出现的司法冲突?

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Journal of Private International Law Pub Date : 2021-09-02 DOI: 10.1080/17441048.2021.2003957

P. Ostendorf

{"title":"The choice of foreign law in (predominantly) domestic contracts and the controversial quest for a genuine international element: potential for future judicial conflicts between the UK and the EU?","authors":"P. Ostendorf","doi":"10.1080/17441048.2021.2003957","DOIUrl":"https://doi.org/10.1080/17441048.2021.2003957","url":null,"abstract":"The valid choice of a (foreign) governing law in commercial contracts presupposes, pursuant to EU private international law, a genuine international element to the transaction in question. Given that the underlying rationale of this requirement stipulated in Article 3(3) of the Rome I Regulation has yet to be fully explored, the normative foundations as to the properties that a genuine international element must possess remain unsettled. The particularly low threshold applied by more recent English case law in favour of almost unfettered party autonomy in choice of law at first glance avoids legal uncertainty. However, such a liberal interpretation not only robs Article 3(3) Rome I Regulation almost entirely of its meaning but also appears to be rooted in a basic misunderstanding of both the function and rationale of Article 3(3) Rome I Regulation in the overall system of EU private international law. Consequently, legal tensions with courts based in EU member states maintaining a more restrictive approach may become inevitable in the future due to Brexit.","PeriodicalId":44028,"journal":{"name":"Journal of Private International Law","volume":"17 1","pages":"421 - 438"},"PeriodicalIF":0.4,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44833146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The overview of private international law in Nigeria 尼日利亚国际私法概览

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Journal of Private International Law Pub Date : 2021-08-20 DOI: 10.1080/17441048.2021.1971819

C. Ojiegbe

{"title":"The overview of private international law in Nigeria","authors":"C. Ojiegbe","doi":"10.1080/17441048.2021.1971819","DOIUrl":"https://doi.org/10.1080/17441048.2021.1971819","url":null,"abstract":"As an emerging economy, Nigeria attracts foreign direct investment and foreign portfolio investment as well as commercial parties and sovereign States engaged in private transactions thereby increasing the possibility of cross-border disputes, which would often require the use of private international law (“PIL”) principles to resolve them. PIL concerns relationships involving foreign elements that transcend national boundaries. It determines issues of jurisdiction, choice of law and the recognition and enforcement of decisions as well as issues that may arise when foreign private laws interact with the laws of the forum in which legal action is brought in matters of civil and commercial law or family law. In Nigeria, the significance of PIL is seen not only in international transactions involving foreign elements but also within inter-State transactions and disputes as Nigeria is a federation consisting of 36 States and the Federal Capital Territory Abuja, with a separate jurisdiction and laws for each State’s courts as established in the Constitution of the Federal Republic of Nigeria 1999. Indeed, as Nigeria is a federation, the same general PIL approach used in international matters should equally apply to intra-State matters. However, some Nigerian lawyers, academics and judges often seem to struggle with the concept of PIL: for example, in some cases, Nigerian judges have applied PIL principles to resolve Nigerian disputes that do not contain any foreign elements or involve intra-State matters. Due to Nigeria’s relationship to the United Kingdom and its membership of the Commonwealth, the common law foundations of Nigerian PIL, and some","PeriodicalId":44028,"journal":{"name":"Journal of Private International Law","volume":"17 1","pages":"601 - 618"},"PeriodicalIF":0.4,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42410860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Prorogation of jurisdiction and choice of law in EU family law: navigating through the labyrinth of rules 欧盟家庭法中管辖权的延长与法律选择:在规则迷宫中穿行

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Journal of Private International Law Pub Date : 2021-05-04 DOI: 10.1080/17441048.2021.1953253

A. Limantė

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No turning back: information and communication technologies in international cooperation between authorities 没有回头路:信息和通信技术当局之间的国际合作

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Journal of Private International Law Pub Date : 2021-05-04 DOI: 10.1080/17441048.2021.1950332

María Mercedes Albornoz, Sebastián Paredes

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Small in value, important in essence: lessons learnt from a decade of implementing the European Small Claims Procedure in Italy and Belgium 价值小，本质重要:意大利和比利时十年来实施欧洲小额索赔程序的经验教训

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Journal of Private International Law Pub Date : 2021-05-04 DOI: 10.1080/17441048.2021.1953733

M. Giacalone, Irene Abignente, Seyedeh Sajedeh Salehi

{"title":"Small in value, important in essence: lessons learnt from a decade of implementing the European Small Claims Procedure in Italy and Belgium","authors":"M. Giacalone, Irene Abignente, Seyedeh Sajedeh Salehi","doi":"10.1080/17441048.2021.1953733","DOIUrl":"https://doi.org/10.1080/17441048.2021.1953733","url":null,"abstract":"This article examines the extent to which the European Small Claims Procedure (ESCP) has served the main purpose of the EU legislature to establish a legal framework to improve access to justice for creditors of cross-border small claims through a simplified, expedited and inexpensive redress mechanism. This article first analyses the implementation of the ESCP in Italy and Belgium. These two countries were chosen because of the authors’ research on the Small Claims Analysis Net (SCAN) Project (The SCAN Project was initiated in 2018 as a two-year project with the fundamental aim of evaluating the efficiency of the European Small Claims Procedure within several EU Member States (France, Belgium, Italy, Slovenia, and Lithuania), besides raising awareness of this procedure among consumers and other judicial stakeholders. For the conducted activities as part of the SCAN project, see http://www.scanproject.eu accessed on 24 February 2021). The second part of this article deals with the impact of this regulatory instrument on access to justice for citizens, in view of the principle of judicial efficiency. Finally, this article focuses on the possibility of using this instrument for collective redress, on the one hand, and linking this procedure to online dispute resolution, on the other.","PeriodicalId":44028,"journal":{"name":"Journal of Private International Law","volume":"17 1","pages":"308 - 333"},"PeriodicalIF":0.4,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43797997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Internationalism in New Zealand conflict of laws 新西兰法律冲突中的国际主义

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Journal of Private International Law Pub Date : 2021-05-04 DOI: 10.1080/17441048.2021.1924423

Richard L. Garnett

引用次数: 0

Party autonomy, venue risk and jurisdiction agreements – the Singapore position reappraised 当事人自治、地点风险和管辖权协议——重新评估新加坡的立场

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Journal of Private International Law Pub Date : 2021-05-04 DOI: 10.1080/17441048.2021.1953256

L. Ang

引用次数: 0

Characterisation and liberative prescription (the limitation of actions) in private international law – Canadian doctrine in the Eswatini courts (the phenomenon of dual cumulation) 国际私法中的特征和自由时效(诉讼限制)——加拿大在斯瓦蒂尼法院的学说(双重积累现象)

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Journal of Private International Law Pub Date : 2021-05-04 DOI: 10.1080/17441048.2021.1958482

Jan L Neels

{"title":"Characterisation and liberative prescription (the limitation of actions) in private international law – Canadian doctrine in the Eswatini courts (the phenomenon of dual cumulation)","authors":"Jan L Neels","doi":"10.1080/17441048.2021.1958482","DOIUrl":"https://doi.org/10.1080/17441048.2021.1958482","url":null,"abstract":"The via media technique of characterisation in private international law, as proposed by the Canadian author Falconbridge, was – over a period of three decades – gradually adopted by the courts in Lesotho, South Africa, Zimbabwe, and, more recently, Eswatini. In a particular dispute, which is used as angle of incidence for the discussion below, the High Court of Swaziland (now Eswatini) applied the rules of the lex fori pertaining to liberative prescription (the limitation of actions) against the background of the via media technique. The decision was overruled by the Supreme Court of Eswatini, which – using the same technique – applied the proper law of the contract in this regard. In this contribution, the Canadian doctrine and its application by the Eswatini and other Southern African courts is critically discussed. The scenario in the Eswatini cases provides an example of what the author calls the phenomenon of dual cumulation. He attempts to provide guidance for the development of Southern African private international law in this regard beyond the via media technique.","PeriodicalId":44028,"journal":{"name":"Journal of Private International Law","volume":"17 1","pages":"361 - 379"},"PeriodicalIF":0.4,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48714087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Resulting trusts in the conflict of laws: an Australian perspective 法律冲突中产生的信任:澳大利亚视角

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Journal of Private International Law Pub Date : 2021-05-04 DOI: 10.1080/17441048.2021.1956160

Lachlan Forrester

{"title":"Resulting trusts in the conflict of laws: an Australian perspective","authors":"Lachlan Forrester","doi":"10.1080/17441048.2021.1956160","DOIUrl":"https://doi.org/10.1080/17441048.2021.1956160","url":null,"abstract":"The common law world continues to grapple with how to properly characterise equitable doctrines in private international law. There has been extensive criticism of the existing approach to characterisation and choice of law for equity which favours separately characterising equitable obligations and applying the lex fori. Within this broader discourse, a debate is beginning to emerge around issues involving both equitable obligations and immovable property. In this early debate, two schools of thought have developed with respect to the proper characterisation and choice of law for implied or resulting trusts over immovable property. The first approach, advanced primarily by the courts, characterises the trust as an equitable obligation governed by the lex fori. The second approach, primarily endorsed by commentators, characterises the trust as an issue of immovable property governed by the lex situs. This paper, upon evaluating the lex fori and the lex situs against the underlying objectives of choice of law, rejects both approaches as unfit for purpose. Instead, it advocates a new approach to the characterisation and choice of law for resulting trusts. This paper proposes that resulting trusts be governed by the proper law of the relationship. This conception would align with the approach taken to express trusts under the Hague Trusts Convention and most effectively provides for consistency and clarity while upholding the reasonable expectations of the parties.","PeriodicalId":44028,"journal":{"name":"Journal of Private International Law","volume":"17 1","pages":"193 - 223"},"PeriodicalIF":0.4,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47873955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0