Search for: "Fori v Fori"
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14 Jul 2017, 8:40 am
” (citingPhillips v. [read post]
1 Jul 2017, 9:16 pm
Contents include: Angela Del Vecchio, Cenni Introduttivi Sulla Tutela Degli Investimenti Stranieri Nel Diritto Internazionale E Nel Diritto Dell’unione Europea
Maria Rosaria Mauro, Conflitti Di Competenza E Coordinamento Tra Fori Nel Diritto Internazionale Degli Investimenti: Contract Claims v. [read post]
21 Mar 2017, 4:56 am
Stefan Huber, Hannover, took up the ball and presented on current developments of comparative legal research and methodology in general as well as possible particularities of comparing procedural law such as e.g. a strong lex fori-principle, the supplementing character of procedural law supporting the realization of private rights, a typically compact character of a procedural legal system, areas of discretion for the judge and the central role of the state – features which might make… [read post]
31 Aug 2016, 8:36 pm
The hasty recourse to the German law of decent by the court overlooks the preceding issue whether assessing, as of when the judicial determination of paternity is possible, is to be qualified as a question of procedure or substantive law and is, thus, to be solved according to the lex fori or lex causae. [read post]
27 May 2016, 7:00 am
Legal Issue The Foreign Limitation Periods Act 1984 provides that English courts should apply the law of limitation of the place whose law is being applied to the substantive legal issues being decided in a case (aka the lex causae) rather than the law of the England (aka the lex fori). [read post]
3 May 2016, 3:50 am
Infringement of EU law and the duty of using the legal remedies pursuant to Art. 34 N. 1 Reg. 44 / 2001 The Dutch Hoge Raad in Diageo Brands BV v. [read post]
30 Oct 2015, 8:00 pm
(ECJ, 23.10.2014 – Case C-302/13 – flyLAL-Lithuanian Airlines AS, in liquidation, v Starptautiska lidosta Riga VAS, Air Baltic Corporation AS) In Case C-302/13, flyLAL-Lithuanian Airlines, the ECJ held that an action for damages resulting from the alleged infringement of EU competition rules by two Latvian companies, Starptautiska Lidosta Ri-ga and Air Baltic, was civil and commercial in nature. [read post]
7 Sep 2015, 7:00 am
According to the latter provision, where the law specified by the Regulation to govern the divorce or the legal separation “does not grant one of the spouses equal access to divorce or legal separation on grounds of their sex”, the lex fori applies instead. [read post]
26 Apr 2015, 10:00 pm
Some Remarks on Eureko/Achmea v. [read post]
21 Mar 2015, 2:39 am
A large part of the new provisions concern duties of cooperation in case of insolvency of groups of companies (Chapter V). [read post]
14 Jan 2015, 4:27 am
Victor Forys as his treating physician.Bob Red also had Lemanski see Dr. [read post]
31 Oct 2014, 11:00 pm
The English High Court has recently rendered an insightful and thought provoking decision on the application of Art. 4 II and III of the Rome II Regulation (Winrow v. [read post]
15 May 2014, 11:40 am
On the principle of the matter, he stated at 111:In my judgment this reasoning [from Rohm & Haas] is persuasive, and it is supported by the subsequent judgment of the Court of Appeal in Virgin v Premium. [read post]
14 May 2014, 9:00 am
Karol Stawarz v. [read post]
15 Mar 2014, 8:58 am
Where the law to be applied is foreign law, the question arises whether a German court may refer to s. 287 dZPO as lex fori or whether s. 287 dZPO has to be classified as substantive law preventing the court from estimating the damage when such a rule is unknown by the lex causae. [read post]
1 Feb 2014, 8:15 pm
English law applies the lex fori exclusively to determine whether an obligation exists which the court has jurisdiction to enforce. [read post]
27 Jan 2014, 2:05 am
These techniques were not abolished, nor did they end up being replaced, in any one of the regimes, by systematic application of the lex fori, by conflict rules using as connecting factors völkisch or racial characteristics in Nazi Germany, or more simply by arbitrariness. [read post]
3 Jun 2013, 3:29 am
Gelman v. [read post]
7 Sep 2012, 12:15 pm
The common nationality of the spouses and the lex fori are only subsidiary connecting factors. [read post]
20 Jul 2012, 9:50 am
The following response in our symposium on Kiobel v. [read post]
