Download or read book Application of Foreign Law written by Carlos Esplugues Mota and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Download or read book 2000 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Eric Clive, Manuel Rui Moura Ramos, William Duncan, national reports from Australia, the United States, Italy, Macao and Brazil and news from The Hague as well as texts, materials and recent developments.
Download or read book Estudos de direito internacional privado e de direito processual civil internacional written by António Marques dos Santos and published by Livraria Almedina. This book was released on 1998-01-01 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 2002 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Katharina Boele-Woelki and Ronald H. van Ooik, Marc Fallon and Johan Meeusen and Maarit Jänterä-Jareborg, national reports from Canada, Russia, Belgium and China, reports on court decisions and news from The Hague, Rome and Washington as well as texts, materials and recent developments.
Download or read book 2007 written by Paul Volken and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book. An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Download or read book Cross border couples property regimes in action before courts Understanding the eu regulations 1103 and 1104 2016 in practice written by María José Cazorla González and published by Dykinson. This book was released on 2022-09-09 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has the prime purpose of analysing practice through European and national case law from the entry into force of the Twin Regulations, adding hypothetical cases in some of the countries participating in enhanced cooperation that do not yet provide for the direct application of the Regulations, and resolving them by basing judgments on private international law. Th e European family today is diverse, and proof of this is the diff erent models and their evolution in recent decades, with family relationships being based not only on those constituted by marriage but also on those formed by couples living together in a stable manner.
Download or read book The Arbitration and Dispute Resolution Law Journal written by and published by . This book was released on 2000 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law in Brazil written by Jacob Dolinger and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Brazil. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Brazil. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.
Download or read book Internationalization of Law written by Marcelo Dias Varella and published by Springer. This book was released on 2014-06-17 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.
Download or read book Extradition Law written by Miguel João Costa and published by BRILL. This book was released on 2019-09-24 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.
Download or read book Actes Et Documents written by International Institute for the Unification of Private Law and published by . This book was released on 2000 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
Download or read book Droit International Priv la Fin Du XXe Si cle written by Symeon Symeonides and published by Springer. This book was released on 2000 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative assessment of the current state of private international law by exploring the fundamental philosophical, ideological, and methodological challenges encountered during the 20th century and the responses to those challenges in the western world. Among the questions discussed are: the dilemma between `conflicts justice' and `material justice'; the conflict between the goal of international uniformity and the need or desire to protect state or national interests; the tension between the goals of certainty and flexibility; the symbiosis of the multilateral, unilateral, and substantive methodologies; and the antagonism or co-existence between choice-of-law rules and flexible `approaches', and between `jurisdiction-selecting' and `content-oriented' rules or approaches. Written by some of the world's most distinguished scholars, this thought-provoking book provides insightful and diverse perspectives from nineteen countries. It is essential reading for any teacher or student of private international law or comparative law.
Download or read book Martindale Hubbell International Law Directory written by and published by . This book was released on 1994 with total page 2346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Publications written by United States. Department of State. Central Translating Office and published by . This book was released on 1946 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recueil Des Cours Volume 89 1956 I written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:
