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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2021: Abstracts

Conflict of Laws

The following analysis undertakes the attempt to clarify the key aspects from the perspective of German international private law. Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort. 1 Brussels Ia Regulation/Art.

Divorce 52
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Has the Battle Just Begun for Collective Action against Big Tech Companies?

Conflict of Laws

By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6] The claimant sought to apply the cases on the tort of misuse of private information by analogy.

Tort 75
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The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case. 626, Date of judgment: 4 December 2020, p.21.

Laws 98
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

Conflict of Laws

Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. For the contracting parties as well as for third parties, the conflict-of-laws in claims following the disregard of such duties is determined by the application of Article 4 Regulation Rome II.