Search for: "Fori v Fori"
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16 Jan 2012, 6:00 am
Some of the particular provisions in the law are also a source for further problems: This concerns the application of the lex fori in divorce cases, the conflict of laws rule on trusts and arbitration clauses as well as on agency. [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]
3 Sep 2019, 10:01 am
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]
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]
31 Aug 2011, 7:08 pm
On April 12, 2011, the European Court of Justice ruled in DHL Express France SAS v. [read post]
12 May 2022, 2:17 am
See generally Lili Levi, ‘The Problem of Trans-National Libel’ (2012) 60 American Journal of Comparative Law 507. [4] Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575. [5] But see Michael Douglas, ‘Characterisation of Breach of Confidence as a Privacy Tort in Private International Law’ (2018) 41 UNSW Law Journal 490. [6] Art 4(1); see Andrew Dickinson, The [read post]
8 Nov 2022, 6:24 am
§1926, Subpart K and Subpart V. [read post]
3 Aug 2017, 3:00 am
Finally, the paper alludes to a tendency to remove family matters from courts by shifting them to extra-judicial institutions or even to the parties and their party autonomy (section V.). [read post]
11 Jul 2010, 8:28 am
However, the new Rome Regulations (Rome I and II) have not been fully scrutinized with respect to the distinction between procedural law and substantive law and its implications for the applicability of the lex fori-principle. [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]
26 May 2021, 4:09 pm
Ct. 1659 (2013), as well as Lubbe v. [read post]
8 Nov 2010, 6:31 am
In Jacobs v Motor Insurers Bureau [2010] EWHC 231 (QB), Mr Justice Owen applied Rome II’s provisions to reach the conclusion that the compensation to be paid by the MIB (acting as the UK’s compensation body under the Fourth Motor Insurance Directive) to the claimant as a result of an accident in a Spanish shopping centre car park in December 2007 in which the other driver was German (and uninsured) should be assessed in accordance with Spanish law, as the law of the place where… [read post]
27 Jan 2021, 2:06 am
Paragraph 1 of the latter establishes the lex fori as applicable for “all matters of substance […] not specifically regulated” by the instrument (as well as, quite naturally, for procedural issues). [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]
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]
15 Dec 2011, 6:25 am
Dukes and AT&T Mobility v. [read post]
6 Dec 2023, 12:55 am
Princess argued that the application of the ACL in a matter with a foreign element depended first on determining that the law of the forum (lex fori) was the applicable law (lex causae) in accordance with the forum’s choice of law rules. [read post]
12 Aug 2020, 2:35 pm
Rechtsvergleichung und Rechtsangleichung Jürgen BASEDOW Soft Law for Private Relations in the European Union Spyridon V. [read post]
28 Nov 2010, 1:38 am
For determining this seat the court has to apply its rules of International Private Law (lex fori). [read post]
