Imperativeness In Private International Law

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Imperativeness in Private International Law

Author : Giovanni Zarra
Publisher : Springer Nature
ISBN 13 : 9462654999
Total Pages : 261 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Imperativeness in Private International Law by : Giovanni Zarra

Download or read book Imperativeness in Private International Law written by Giovanni Zarra and published by Springer Nature. This book was released on 2022-01-27 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Private International Law. A Treatise on the Conflict of Laws

Author : Friedrich Karl von Savigny
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.0/5 (17 download)

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Book Synopsis Private International Law. A Treatise on the Conflict of Laws by : Friedrich Karl von Savigny

Download or read book Private International Law. A Treatise on the Conflict of Laws written by Friedrich Karl von Savigny and published by . This book was released on 1869 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Elements of Private International Law

Author : Winston Anderson
Publisher : Ian Randle Publishers
ISBN 13 : 9768167386
Total Pages : 339 pages
Book Rating : 4.7/5 (681 download)

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Book Synopsis Elements of Private International Law by : Winston Anderson

Download or read book Elements of Private International Law written by Winston Anderson and published by Ian Randle Publishers. This book was released on 2003 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Switzerland's Private International Law

Author : Pierre Karrer
Publisher : Springer
ISBN 13 :
Total Pages : 418 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Switzerland's Private International Law by : Pierre Karrer

Download or read book Switzerland's Private International Law written by Pierre Karrer and published by Springer. This book was released on 1994-02-28 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Switzerland's geographical situation places it in the very center of the European community, it stands alone as a neutral nation with separate legislation and policies, which are not governed from Brussels. With respect to its neutrality and the critical importance of its centralized location, it is imperative to those involved in European and international law to acquire a solid understanding of the laws which govern this land of majestic mountains and internationally renowned fame, in contributing towards the effort to expedite solutions to various international arbitration have therefore been translated and included. This revised edition of Switzerland's Private International Law offers legal professionals an insight into current Swiss legislation regarding all phases of private law. In addition to arbitration law this publication addresses topics such as Intellectual Property, Bankruptcy and Composition, Obligations, Companies, Marriage, Parent-Child Relationships, Guardianship and other Protective Measures, Inheritance Law, Real Rights, Final Provisions and Lugano Convention with Annotations

Private International Law Aspects of Corporate Social Responsibility

Author : Catherine Kessedjian
Publisher : Springer Nature
ISBN 13 : 3030351874
Total Pages : 697 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Private International Law Aspects of Corporate Social Responsibility by : Catherine Kessedjian

Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Private International Law: A Hungarian Perspective

Author : Csongor István Nagy
Publisher : BRILL
ISBN 13 : 9004694560
Total Pages : 217 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Private International Law: A Hungarian Perspective by : Csongor István Nagy

Download or read book Private International Law: A Hungarian Perspective written by Csongor István Nagy and published by BRILL. This book was released on 2024-05-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts.

Public Policy in Soviet Private International Law

Author : André Garnefsky
Publisher : Springer
ISBN 13 : 9401750688
Total Pages : 189 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Public Policy in Soviet Private International Law by : André Garnefsky

Download or read book Public Policy in Soviet Private International Law written by André Garnefsky and published by Springer. This book was released on 2013-11-21 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is based on original Russian sources, due atten tion being paid to some authoritative views advanced by foreign lawyers. Leaving aside the essentials of the work in the hope that they will speak for themselves; I should like to make some prelim inary remarks regarding the linguistic and other formal aspects. First of all it should be noted that many of the Soviet laws have already been translated into English either in the USSR itself or in Western countries. This fact is fully reflected in the bibliographical survey at the end of this study. Some laws have been translated both in the Soviet Union and abroad, as for instance the Fundamentals of Soviet Civil Legislation. In such a case I have used the translation made in the USSR even though linguistically it may be inferior to the translation made in the West. The author has translated only those legal provi sions of which no English translation was available. For transliteration, I have used the system of the Library of Congress of the USA without its diacritical marks. Further, a word should be said about the references in the notes. They are very brief and consist of the surnames of the authors concerned and if necessary an additional element, e. g.

Private International Law in Argentina

Author : Adriana Dreyzin de Klor
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353141X
Total Pages : 282 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Argentina by : Adriana Dreyzin de Klor

Download or read book Private International Law in Argentina written by Adriana Dreyzin de Klor and published by Kluwer Law International B.V.. This book was released on 2021-02-22 with total page 282 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 Argentina. 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 Argentina. 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.

Essays in Private International Law

Author : Peter Machin North
Publisher : Oxford University Press
ISBN 13 : 9780198258261
Total Pages : 308 pages
Book Rating : 4.2/5 (582 download)

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Book Synopsis Essays in Private International Law by : Peter Machin North

Download or read book Essays in Private International Law written by Peter Machin North and published by Oxford University Press. This book was released on 1993 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.

Czech Yearbook of International Law - Public Policy and Ordre Public - 2012

Author : Alexander J. Bělohlávek
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233569
Total Pages : 344 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Czech Yearbook of International Law - Public Policy and Ordre Public - 2012 by : Alexander J. Bělohlávek

Download or read book Czech Yearbook of International Law - Public Policy and Ordre Public - 2012 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are proud to present to our readers Czech Yearbook of International Law 2012, Volume 3. The overarching topic of this volume, Public Policy and Ordre Public turns its focus to the doctrine which is inherently connected with private international law, which is true only at first glance. The problem of Public Policy and Ordre Public is intertwined more deeply in the national legal orders than virtually any legal branch. However, the platform of private international law through which these doctrines emerge and find its strongest application is in the cross-border traffic of the court and extra-court decisions. In these relationships, the most important differences in understanding the extent and nature of these terms take shape. The third volume of the Czech Yearbook of International Law focuses on the uncovering of national differences and the comparison of such doctrines in a global perspective. CYIL 2012 takes into account the completely different connotations given to both doctrines in the United States and the Common Law countries in continental Europe. Institutions participating in the CYIL Project: Academic institutions within Czech Republic: - Masaryk University (Brno), Faculty of Law, Department of International and European Law. - University of West Bohemia in Pilsen, Faculty of Law, Department of Constitutional Law & Department of International Law. - VŠB-TU Ostrava, Faculty of Economics, Department of Law. - Department of European Law, Department of Commercial Law & Centre for Comparative Law of the Faculty of Law, Charles University. - University College of International and Public Relations Prague. - Institute of State and Law of the Academy of Sciences of the Czech Republic, v.v.i. Non-academic institutions in the Czech Republic - Office of the Government of the Czech Republic, Department of Legislation, Prague. - Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Prague. - ICC National Committee Czech Republic, Commission on Arbitration, Prague. Institutions outside Czech Republic participating in the CYIL Project: Austria University of Vienna, Department of European, International and Comparative Law, Section for International Law and International Relations. Poland Jagiellonian University in Krakow, Faculty of Law and Administration, Department of Private International Law. Slovak Republic Slovak Academy of Sciences, Institute of State and Law, Bratislava. University of Matej Bel in Banská Bystrica, Faculty of Political Sciences and International Relations, Department of International Affairs and Diplomacy. Trnava University in Trnava, Faculty of Law, Department of Labour Law and Social Security Law.

Yearbook of Private International Law

Author : Andrea Bonomi
Publisher : sellier. european law publ.
ISBN 13 : 3866531141
Total Pages : 760 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Yearbook of Private International Law by : Andrea Bonomi

Download or read book Yearbook of Private International Law written by Andrea Bonomi and published by sellier. european law publ.. This book was released on 2009-04-17 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.

Public Policy and Private International Law

Author : Meyer, Olaf
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902665
Total Pages : 503 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Public Policy and Private International Law by : Meyer, Olaf

Download or read book Public Policy and Private International Law written by Meyer, Olaf and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Advanced Introduction to Private International Law and Procedure

Author : Peter Hay
Publisher :
ISBN 13 : 9781786436788
Total Pages : 0 pages
Book Rating : 4.4/5 (367 download)

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Book Synopsis Advanced Introduction to Private International Law and Procedure by : Peter Hay

Download or read book Advanced Introduction to Private International Law and Procedure written by Peter Hay and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? [This book] addresses these questions in a concise overview of the field. Key features include: comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union; addresses classic choice of law as well as international civil procedure; problem-oriented presentation; three parts presenting principal problems parties face in dealing with cases with an international dimension; and considers how the field could develop in the future."--

Private International Law in Belarus

Author : Aliaksandr Danilevich
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500417
Total Pages : 174 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Belarus by : Aliaksandr Danilevich

Download or read book Private International Law in Belarus written by Aliaksandr Danilevich and published by Kluwer Law International B.V.. This book was released on 2018-04-19 with total page 174 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 Belarus. 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 Belarus. 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.

Private International Law

Author : Sai Ramani Garimella
Publisher :
ISBN 13 : 9789382676447
Total Pages : 239 pages
Book Rating : 4.6/5 (764 download)

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Book Synopsis Private International Law by : Sai Ramani Garimella

Download or read book Private International Law written by Sai Ramani Garimella and published by . This book was released on 2014 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Private International Law

Author : Geert van Calster
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942084
Total Pages : 531 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Private International Law by : Geert van Calster

Download or read book European Private International Law written by Geert van Calster and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

Private International Law, Art and Cultural Heritage

Author : Christa Roodt
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002169
Total Pages : 416 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Private International Law, Art and Cultural Heritage by : Christa Roodt

Download or read book Private International Law, Art and Cultural Heritage written by Christa Roodt and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co