 |
| Conflict of laws |
|---|
| Preliminary matters |
| Characterisation · Incidental question |
| Renvoi · Choice of law |
| Conflict of laws in the U.S. |
| Public policy · Hague Conference |
| Definitional elements |
| State · Jurisdiction · Procedure |
| Forum non conveniens · Lex causae |
| Lex fori · Forum shopping |
| Lis alibi pendens |
| Connecting factors |
| Domicile · Lex domicilii |
| Habitual residence |
| Nationality · Lex patriae |
| Lex loci arbitri · Lex situs |
| Lex loci contractus |
| Lex loci delicti commissi · Lex loci actus |
| Lex loci solutionis · Proper law |
| Lex loci celebrationis |
| Choice of law clause · Dépeçage |
| Forum selection clause |
| Substantive legal areas |
| Status · Capacity · Contract · Tort |
| Marriage · Nullity · Divorce |
| Get divorce · Talaq divorce |
| Property · Succession |
| Trusts |
| Enforcement |
| Enforcement of foreign judgments |
| Mareva injunctions · Anti-suit injunctions |
The Hague Conference on Private International Law (or HCCH, for Hague Conference/Conférence de la Haye) is the preeminent organisation in the area of private international law. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of Laws, characterisation is the second stage in the procedure to resolve a Lawsuit involving a foreign law element In the Roman Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a Lawsuit. In Conflict of Laws, renvoi (from the French, meaning "send back" or "to return unopened" is a subset of the Choice of law rules Choice of law is a procedural stage in the litigation of a case involving the Conflict of laws when it is necessary to reconcile the differences between the laws of The Choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally Public policy is the body of fundamental principles that underpin the operation of legal systems in each state. The term State has several meanings in law in Private international law and Conflict of laws, State can refer to a well-defined jurisdiction with its own set In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority In all Lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the Lex fori, i In the Conflict of laws, lex causae ( Latin: Lex + Causa, "cause the law" is the law or laws chosen by the Forum court from In Conflict of Laws, the Latin term lex fori literally means the "law of the forum" and it is distinguished from the lex causae which is the law the Forum shopping is the informal name given to the practice adopted by some Litigants to get their Legal case heard in the Court thought most likely The principle of lis alibi pendens (literally "dispute elsewhere pending" applies both in municipal Public international law, and Private international law In Conflict of Laws, domicile (sometimes termed domicil in the U The lex domicilii is the Latin term for "law of the domicile" in the Conflict of Laws. In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the Lex causae in cases characterised Nationality is a relationship between a Person and their State of Origin, Culture, association Affiliation and/or Loyalty The term lex patriae is Latin for the law of Nationality in the Conflict of Laws which is the system of Public law applied to The lex loci arbitri is the Latin term for "law of the place where Arbitration is to take place" in the Conflict of Laws. The term lex situs ( Latin) refers to the Law of the place in which Property is situated for the purposes of the Conflict of laws The lex loci contractus is the Latin term for "law of the place where the contract is made" in the Conflict of Laws. The lex loci delicti commissi is the Latin term for "law of the place where the tort was committed" in the Conflict of laws. lex loci actus law of the place where the act occurred that gave rise to the legal claim The lex loci solutionis is the Latin term for "law of the place where relevant performance occurs" in the Conflict of Laws. The Doctrine of the Proper Law is applied in the Choice of law stage of a Lawsuit involving the Conflict of Laws. The lex loci celebrationis is the Latin term for "law of the place where the marriage is celebrated" in the Conflict of Laws. A choice of law clause or proper law clause in a contract is one in which the parties specify which Law (i In Law, dépeçage refers to the concept in the Conflict of laws whereby different issues within a particular case may be governed by the laws of different states A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any Litigation resulting from that contract will A person's status is a set of social conditions or relationships created and vested in an individual by an act of Law rather than by the consensual acts of the Discussion As an aspect of the Social contract between a state and its Citizens the state adopts a role of protector to the weaker and more vulnerable members In the Conflict of Laws, the validity of a Contract with one or more foreign law elements will be decided by reference to the so-called " Proper law In Conflict of Laws, the Choice of law rules for Tort are intended to select the Lex causae by which to determine the nature and scope In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community In Conflict of Laws, the issue of nullity (known as Annulment in the United States) in Family Law inspires a wide response among the laws In modern Society, the role of marriage and its termination through Divorce have become political issues See also Get (divorce document For the religious process see Get (divorce document A get or gett ( גט) is In Sunni Islamic Law there are two forms of divorce known as the talaq and its less well-regulated Sunni version of Triple talaq. In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. In the Conflict of Laws, the subject of Succession deals with all procedural matters relevant to estates containing a "foreign element" whether that element In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered In the Conflict of Laws, issues relevant to the enforcement of foreign Judgments are frequently regulated by Bilateral Treaty or Multilateral The Mareva injunction (variously known also as a freezing order, Mareva order or Mareva regime) in Commonwealth jurisdictions is a court In the area of Conflict of law, anti-suit injunction is an order issued by a court or Arbitral tribunal that prevents an opposing party from commencing Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving
Since its formation in 1893, the purpose of HCCH has been to "work for the progressive unification of the rules of private international law". Year 1893 ( MDCCCXCIII) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common It has pursued this goal by creating and assisting in the implementation of multilateral conventions promoting the harmonisation of conflict of laws principles in diverse subject matters within private international law. Multilateralism is a term in International relations that refers to multiple countries working in concert on a given issue A Treaty is an agreement under International law entered into by actors in international law namely States and International organizations. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving Sixty-five nations are currently members of the Hague Conference, including China, Russia, the United States, and all member states of the European Union. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in
Contents |
Recent developments
The 20th Diplomatic Session of the Conference, held from 14 to 28 June 2005, saw two major developments. Events 1098 - Fighters of the First Crusade defeat Kerbogha of Mosul. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar.
First, the statute of the Conference was amended (for the first time in over 50 years) to expand the possibility of membership to Regional Economic Integration Organisations such as the European Union. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in Second, the Conference concluded and opened for ratification the Hague Convention on Choice of Court Agreements, a project which had been in negotiation for nearly 15 years. Ratification is the act of giving official sanction or approval to a formal document such as a treaty or constitution States applying this instrument agree to recognize and enforce decisions reached by courts of another signatory State if the dispute was governed by a valid choice of court agreement concluded between the parties to the dispute. Legal instrument is a legal Term of art that is used for any written legal document such as a Certificate, a Deed, a will A signature (from Latin signare, " Sign " is a handwritten (and sometimes stylized depiction of someone's name nickname or even a simple
Work-in-Progress -- The Hague Securities Convention
In July 2006 Switzerland and the United States jointly signed the Hague Securities Convention, providing legal certainty to modern forms of holding and transferring securities. July 2006 was a month with thirty-one days The following events also occurred during the month Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation The United States of America —commonly referred to as the The Hague Securities Convention is an international Multilateral Treaty intended to remove globally legal uncertainties for cross-border securities transactions A security is a Fungible, Negotiable instrument representing financial value This marked an important step in the development of the new legal infrastructure needed to match modern systems for the holding, transfer, and pledge of securities.
The vast quantity of securities are nowadays held, transferred, and pledged by electronic entries to accounts with clearing and settlement systems and other intermediaries, rather than directly in physical form or directly by issuers. The global financial market, which for the OECD countries alone has a volume of more than $2 billion US a day, is in need of a legal regime that deals effectively with this new reality. There is broad agreement in the financial world that the traditional legal rules, based on physical transfers and direct holdings, are too diverse, out-dated, and inadequate. The result is legal uncertainty, increased risk, and higher costs for global clearing and settlement, with repercussions at all levels of the global financial market. In Economics, a financial market is a mechanism that allows people to easily buy and sell ( Trade) financial Securities (such as stocks and bonds
The Hague Securities Convention ensures that there is a clear and certain answer to questions such as which law governs the determination of the legal nature of the rights resulting from a credit of securities to a securities account, the steps required for a transfer or pledge of securities to such accounts to be enforceable among the parties and third parties, and the steps required to realise a pledge of securities credited to such accounts. Debit and credit are formal Bookkeeping and Accounting terms They are the most fundamental concepts in accounting representing the two records that one
The European Commission at the same time concluded that "adoption of the Convention would be in the best interest of the Community" and recommended that the Convention "be signed after or with at least two of its main trading partners, the USA included. The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. " [1]
Members
- Albania
- Argentina
- Australia
- Austria
- Belarus
- Belgium
- Bosnia and Herzegovina
- Brazil
- Bulgaria
- Canada
- Chile
- China
- Croatia
- Cyprus
- Czech Republic
- Denmark
- Ecuador
- Egypt
- Estonia
- European Community
- Finland
- France
- Georgia
- Germany
- Greece
- Hungary
- Iceland
- India
- Ireland
- Israel
- Italy
- Japan
- Jordan
- Latvia
- Lithuania
- Luxembourg
- Malaysia
- Malta
- Mexico
- Monaco
- Montenegro
- Morocco
- Netherlands
- New Zealand
- Norway
- Panama
- Paraguay
- Peru
- Poland
- Portugal
- Republic of Korea
- Romania
- Russian Federation
- Serbia
- Slovak Republic
- Slovenia
- South Africa
- Spain
- Sri Lanka
- Suriname
- Sweden
- Switzerland
- the former Yugoslav Republic of Macedonia
- Turkey
- Ukraine
- United Kingdom of Great Britain and Northern Ireland
- United States of America
- Uruguay
- Venezuela
The Permanent Bureau
Located in a nice old mansion on Scheveningseweg near the Peace Palace, the Permanent Bureau is the Conference's secretariat. This article is about the country in southern Europe For a topic outline on this subject see List of basic Albania topics. For a topic outline on this subject see List of basic Argentina topics. For a topic outline on this subject see List of basic Australia topics. Austria (Österreich ( officially the Republic of Austria (Republik Österreich Belarus ( Belarusian Беларусь / Biełaruś is a Landlocked country in Eastern Europe, bordered by Russia to the north and east The Kingdom of Belgium is a Country in northwest Europe. It is a founding member of the European Union and hosts its headquarters as well as those Bosnia and Herzegovina ( Latin script: Bosna i Hercegovina, Cyrillic script: Босна и Херцеговина is a country on the Balkan |utc_offset = -2 to -4 |time_zone_DST = BRST |utc_offset_DST = -2 to -5 |cctld The state of Bulgaria (България transliterated bg-Latn ''Balgaria'' The country preserves the traditions (in ethnic name language and alphabet of the First Bulgarian Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Chile, officially the Republic of Chile ( Spanish:) is a country in South America occupying a long and narrow Coastal strip wedged between the Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES Croatia (Hrvatska ˈxȓvatska officially the Republic of Croatia ( Republika Hrvatska) is a southern Central European country at the crossroads between Cyprus (Κύπρος transliterated: Kýpros,; Kıbrıs officially the Republic of Cyprus (Κυπριακή Δημοκρατία Kypriakī́ Dīmokratía The Czech Republic ( ˈt͡ʃɛskaː ˈrɛpuˌblɪka short form in Česko ˈt͡ʃɛskɔ also called Czechia, The Kingdom of Denmark ( ˈd̥ænmɑɡ̊ (archaic ˈd̥anmɑːɡ̊ commonly known as Denmark, is a country in the Scandinavian region of northern Europe For a topic outline on this subject see List of basic Ecuador topics. This article is about the country of Egypt For a topic outline on this subject see List of basic Egypt topics. Estonia, officially the Republic of Estonia ( Eesti or Eesti Vabariik) is a Country in Northern Europe in the Baltic region The European Community (EC is one of the Three pillars of the European Union (EU created under the Maastricht Treaty (1992 Finland, officially the Republic of Finland ( is a Nordic country situated in the Fennoscandian region of northern Europe. This article is about the country For a topic outline on this subject see List of basic France topics. Georgia ( საქართველო, Sakartvelo) is a Transcontinental country in the Caucasus region situated at the dividing line between Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. Greece (Ελλάδα transliterated: Elláda, historically, Ellás,) officially the Hellenic Republic (Ελληνική Δημοκρατία Hungary (Magyarország 'mɔɟɔrorsaːg) officially in English the Republic of Hungary ( Magyar Köztársaság, literally Magyar (Hungarian Republic Iceland, officially the Republic of Iceland ( ( Ísland or Lýðveldið Ísland ( India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world For a topic outline on this subject see List of basic Israel topics. Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest For a topic outline on this subject see List of basic Japan topics. Jordan, officially the Hashemite Kingdom of Jordan (الأردنّ al-Urdunn) is an Arab country in Southwest Asia spanning the southern Latvia ( Latvija officially the Republic of Latvia (Latvijas Republika is a Country in Northern Europe in the Baltic region. Lithuania, officially the Republic of Lithuania (Lietuvos Respublika is a Country in Eastern often referred to as Northern Europe or in the Luxembourg (Groussherzogtum Lëtzebuerg Grand-Duché de Luxembourg Großherzogtum Luxemburg is a small Landlocked country in Western Europe, bordered by For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and Malta, officially the Republic of Malta (Repubblika ta' Malta is a European Microstate, comprising an Archipelago of three islands The United Mexican States ( or commonly Mexico (ˈmɛksɪkoʊ () is a federal constitutional Republic in North America. For other uses see Monaco (disambiguation Monaco, officially the Principality of Monaco ( French: Principauté de Monaco; Monégasque Montenegro ( British English) Montenegrin / Serbian: PLEASE DO NOT CHANGE THE LANGUAGES WITHOUT CONSENSUS ON THE TALK PAGE! Morocco (المغرب "al-Maghrib" officially the Kingdom of Morocco (المملكة المغربية is a country located in North Africa The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island Norway ( Norwegian: Norge ( Bokmål) or Noreg ( Nynorsk) officially the Kingdom of Norway, is a Constitutional Panama, officially the Republic of Panama (República de Panamá) is the southernmost country of Central America. Paraguay, officially the Republic of Paraguay ( Spanish: República del Paraguay; Guaraní: Tetã Paraguái) is one of the only Peru (Perú Piruw Piruw officially the Republic of Peru ( reˈpuβlika del peˈɾu is a country in western South America. Poland (Polska officially the Republic of Poland Portugal, officially the Portuguese Republic (República Portuguesa is a country on the Iberian Peninsula. South Korea, officially the Republic of Korea and often referred to as Korea ( Korean: 대한민국 tɛː Romania ( dated: Rumania, Roumania Russia (Россия Rossiya) or the Russian Federation ( Rossiyskaya Federatsiya) is a transcontinental Country extending Serbia (Србија Srbija) officially the Republic of Serbia (Република Србија Republika Srbija) is a Landlocked Country Slovakia (long form Slovak Republic; Slovak:, long form, is a Landlocked country in Central Europe with a population of over five million Slovenia, officially the Republic of Slovenia (Republika Slovenija) is a Country in southern Central Europe bordering Italy to the west The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka ( Sinhalese:, இலங்கை known as Ceylon before 1972 is an Island Suriname ( Dutch: Suriname; Sranan Tongo: Sranan) officially the Republic of Suriname (traditionally spelled Surinam by "Sverige" redirects here For other uses see Sweden (disambiguation and Sverige (disambiguation. Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation The Republic of Macedonia (Република Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches Ukraine (Україна Ukrayina, /ukrɑˈjinɑ/ is a country in Eastern Europe. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The United States of America —commonly referred to as the Uruguay.(official full name in República Oriental del Uruguay;, Oriental Republic of Uruguay) is a country located in the southeastern part of South America Venezuela (ˌvɛnəˈzweɪlə) officially the Bolivarian Republic of Venezuela (Spanish República Bolivariana de Venezuela) is a country on the The Peace Palace ("Vredespaleis" in Dutch) situated in The Hague, Netherlands, is often called the seat of International law
Composition of the Permanent Bureau:
Secretary General
Mr J. H. A. (Hans) van Loon
Attaché to the Secretary General
Ms Frederike Stikkelbroeck
Deputy Secretary General
Mr William Duncan
First Secretaries
Mr Christophe Bernasconi
Mr Philippe Lortie
Secretary at the Permanent Bureau
Ms Marta Pertegás
Principal Legal Officer
Ms Jennifer Degeling
Senior Legal Officer
Ms Marion Ely
Legal Officers
Ms Mayela Celis
Ms Ivana Radic
Ms Sandrine Alexandre
Ms Juliane Hirsch
Ms Laurence Marquis
Ms Eimear Long
Liaison Legal Officer for Latin America
Mr Ignacio Goicoechea
Adoption Programme Co-ordinator
Ms Laura Martinez-Mora
Senior Administrator
Ms Céline Chateau
Website Manager
Ms Gerda Boerman
Financial Officer
Ms Karin Himpens
Administrative Assistants
Ms Christine Bosman Delzons (Administrative Assistant to the Secretary General)
Ms Willy de Zoete (Administrative Assistant to the Deputy Secretary General)
Ms Laura Molenaar
Ms Mathilde Waszink
Ms Hélène Guérin
Ms Sophie Molina (Administrative Assistant for the Adoption Programme)
Revisers / Editors
Ms Sarah Adam
Ms Christelle Gavard
Spanish-speaking Translator / Reviser
Ms Lucía Castrillón Díaz
Information Management Assistant
Ms Marie-Charlotte Darbas
General Service Officer
Mr Willem van der Endt
See also
External links
- Hague Conference on Private International Law - official website
- INCADAT: the International Child Abduction Database - official website
- Why the Hague Convention on jurisdiction threatens to strangle e-commerce and Internet free speech, by Chris Sprigman
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