Conflict of Laws

DECEMBER 12, 2020

The Jurisdiction of the Chinese Court: Prorogated Jurisdiction. Jurisdiction is the first issue that the Court had to consider when it dealt with the dispute. In international civil litigation, many cases involve a foreign defendant not domiciled or residing within China. Article 265 of the CPL prescribes the following: [11].

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

OCTOBER 28, 2022

The following article presents the German implementing rules for this recast. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

JUNE 29, 2023

Coester-Waltjen: Non-Recognition of “Child Marriages“ Concluded Abroad and Constitutional Standards The Federal Supreme Court raised the question on the constitutionality of one provision of the new law concerning “child marriages” enacted by the German legislator in 2017. The Court answered this question in the affirmative.

Tort 52

Tort Court Laws Procedural Law 52

Conflict of Laws

AUGUST 3, 2023

Such agreements concluded in advance of any occurred damage are conceivable between individual links of the value chain, such as between employees and subcontractors (in employment contracts) or between different suppliers along the chain (in purchase and supply agreements). EU law does not expressly prohibit such derogation.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

SEPTEMBER 14, 2023

To determine whether an act is commercial, “a PRC court shall undertake an overall consideration of the act’s nature and purpose.” Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). The general practice in China is that courts, rather than litigants, serve process.

Drafting 48

Drafting Court Laws Government 48