The Evolution of Conflict Regulation in Private International Law of Russia and Poland

The Evolution of Conflict Regulation in Private International Law of Russia and Poland
Author: Natalia Erpyleva
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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The present article examines the evolution of conflict regulation in the private international law of Russia and Poland. The author identifies the concept, structure and types of conflict rules, stressing that the conflict of laws is the most important category of private international law. A detailed classification of the types of connecting factor formulas under which connecting factors of bilateral conflict rules are formed is undertaken. The detailed analysis of conflict rules contained in Russian and Polish legislation set forth mainly in the Civil Code of the Russian Federation and the Law of Poland “On Private International Law” is conducted with the help of the comparative and formal-logical methods of research. The author also scrutinizes different conflict rules contained in the Treaty between Russia and Poland on legal assistance and legal relations in civil and criminal matters. The author concludes that modern conflict regulation in Russia and Poland is in accordance with those trends in private international law, which can be seen through the prism of the international dimension.

Preclassical Conflict of Laws

Preclassical Conflict of Laws
Author: Nikitas E. Hatzimihail
Publisher: Cambridge University Press
Total Pages: 643
Release: 2021-07-22
Genre: Law
ISBN: 1009038605

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To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.

Conflict of Laws: A Comparative Approach

Conflict of Laws: A Comparative Approach
Author: Cuniberti, Gilles
Publisher: Edward Elgar Publishing
Total Pages: 488
Release: 2022-02-18
Genre: Law
ISBN: 1839106530

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Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.

Private International Law in Poland

Private International Law in Poland
Author: Ewa Kamarad
Publisher: Kluwer Law International B.V.
Total Pages: 299
Release: 2020-12-20
Genre: Law
ISBN: 9403529652

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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 Poland. 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 Poland. 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.

International Law in a Transcivilizational World

International Law in a Transcivilizational World
Author: Onuma Yasuaki
Publisher: Cambridge University Press
Total Pages: 733
Release: 2017-02-15
Genre: Law
ISBN: 1107024730

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This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

An Introduction to the International Law of Armed Conflicts

An Introduction to the International Law of Armed Conflicts
Author: Robert Kolb
Publisher: Bloomsbury Publishing
Total Pages: 372
Release: 2008-09-17
Genre: Law
ISBN: 1847314600

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This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Application of Foreign Law

Application of Foreign Law
Author: Carlos Esplugues Mota
Publisher: Walter de Gruyter
Total Pages: 445
Release: 2011-03-30
Genre: Law
ISBN: 3866539126

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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.

Intellectual Property in the Conflict of Laws

Intellectual Property in the Conflict of Laws
Author: Schaafsma, Sierd J.
Publisher: Edward Elgar Publishing
Total Pages: 608
Release: 2022-01-14
Genre: Law
ISBN: 1839108509

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This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations
Author: Daniëlla Dam-de Jong
Publisher: Cambridge University Press
Total Pages: 515
Release: 2015-06-26
Genre: Law
ISBN: 110709383X

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An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.

Customary International Humanitarian Law

Customary International Humanitarian Law
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
Total Pages: 610
Release: 2005-03-03
Genre: Law
ISBN: 0521808995

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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.