Search for: "Fori v Fori"
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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]
29 Jan 2018, 4:40 am
The ECJ decided in the case of Greece 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]
28 Oct 2023, 4:11 pm
The courts ought to generally apply lex fori at both, pre and post-award stages. [read post]
20 Jul 2023, 11:29 pm
For instance, the facts in the ECtHR case Künsberg Sarre v. [read post]
26 Apr 2015, 10:00 pm
Some Remarks on Eureko/Achmea v. [read post]
12 Oct 2022, 12:02 am
In TYM v Ms. [read post]
3 Jun 2013, 3:29 am
Gelman v. [read post]
10 Mar 2024, 5:01 pm
For instance, in Hudson v Leigh [2009] EWHC 1306, South African law recognised the ceremony as a void marriage; and in Asaad v Kurter [2013] EWHC 3852, the ceremony could be subsequently ratified, but a similar option was not available under Ukrainian law. [read post]
8 Aug 2018, 1:32 am
V. [read post]
16 Dec 2019, 10:17 am
Without specific need, the ECJ stated that the participation of an intervener would be inconsistent with the Small-Claims Regulation at all, although general procedural issues are governed by the procedural law of the lex fori (cf. article 19 Small-Claims Regulation). [read post]
10 Apr 2020, 3:04 am
Yet even in transnational cases within the traditional domain of the conflict of laws, Australian courts will only apply foreign laws via application of the lex fori: Pfeiffer, [40]–[41]; Nygh’s Conflict of Laws in Australia, ch 12. [read post]
20 Jul 2012, 9:50 am
The following response in our symposium on Kiobel v. [read post]
15 Sep 2020, 6:50 am
In Water Splash, Inc. v. [read post]
23 Oct 2023, 6:16 pm
First, a statute may impose a choice of law rule directing the application of the lex fori where a connecting factor is established. [read post]
19 Jul 2010, 5:36 am
In Shevill v Presse Alliance SA, the ECJ held that this allows the claimant to sue in the courts for the place where the material is distributed (though the claim must be limited to damage flowing from the copies of the publication distributed in the territory of the forum). [read post]
24 Jan 2021, 11:01 pm
McLean & V. [read post]
15 Jul 2010, 7:02 am
Case C-420/07, Apostolides v Orams [2009] ECR I-0000, para. 66). [read post]
5 Mar 2023, 5:53 pm
Supreme Court noted in the case of Hilton v. [read post]
30 Dec 2010, 5:10 am
Group 11 – Choice of Court and Arbitration V. [read post]
