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1.
Some aspects of development of private international law in the CIS countries
Islambek Rustambekov, 2020, izvirni znanstveni članek

Opis: Globalization, development of the states and society and their rapprochement makes the issues of regulation of relation with a foreign element more urgent, and in particular private international law becomes relevant. In this aspect, states are aimed in unification and harmonization of norms of private international law and mostly within regional associations. This article traces these issues within the Community of Independent States (CIS). The CIS countries are trying to analyze and use the international experience, in particular similar experiences of the EU. The EU experience is acutely important in view of the development of Eurasian Economic Union in which more States are trying to become a member. This article traces the development and rapprochement of the private international law in the EU and the CIS countries, and analyzes international agreements of the States which are aimed to unify private international law and regulate such relations around the States. The article reflects upon and provides some basic perspectives regarding further regional harmonization and unification of private international law in the CIS.
Ključne besede: conflict of laws, private international law, European Union, Community of Independent States, Commonwealth of Independent States, unification, harmonization
Objavljeno: 15.01.2021; Ogledov: 116; Prenosov: 0

2.
Determining jurisdiction and the applicable law in cross-border unfair competition and unfair commercial practices cases
Iveta Rohová, David Sehnálek, 2017, izvirni znanstveni članek

Opis: The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contribute to the development of trade within the EU. Problems that could once be addressed almost exclusively or at least prevailingly at a national level currently assume cross-border character. This is also true in the case of regulation of unfair competition and unfair commercial practices. Whereas the substantive regulation of unfair competition in both EU and domestic law is quite common in scientific literature, its aspects in private international law are often neglected. Since the EU law has to a large extent replaced national conflict-of-law and procedural rules with unified EU provisions, this article focuses on the EU regulations Rome II and Brussels I bis with the emphasis put on the latter. The aim of this article is to review the rules determining jurisdiction (and the applicable law) on the basis of legal doctrine, current legislation and case law of the Court of Justice of the EU. Attention also will be paid to both off-line and on-line situations, as well as to the specifics of consumer protection in the context of unfair competition and unfair commercial practices.
Ključne besede: unfair competition, unfair commercial practices, private international law, applicable law, jurisdiction, on-line torts
Objavljeno: 15.01.2021; Ogledov: 86; Prenosov: 6
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3.
Jurisdiction in on-line defamation and violations of privacy
Jerca Kramberger Škerl, 2017, izvirni znanstveni članek

Opis: This article will address the rules of EU private international law regarding the international jurisdiction in defamation and the violations of the right to privacy committed via the internet. Being that there is no common conflict of laws rule regarding these issues and a number of different courts hold jurisdiction, great efforts are being taken to prevent the so called "forum shopping", or, as regards to defamation, "libel tourism". It is namely very hard to strike a fair balance between the procedural rights of both parties, since this is strongly connected with striking a balance between the freedom of speech, on one hand, and personality rights, on the other, all of which are fundamental rights. During the internet era, the problems regarding cross-border issues on defamation and privacy cases rose to a whole new dimension. The interpretation of the traditional connecting factor, the place where the harmful event occurred, became very difficult. Over the years, the Court of Justice of the EU has issued several milestone judgments interpreting Article 7(2) of the Brussels I Recast Regulation in such a way that the particularities of violations committed via the internet are taken into account.
Ključne besede: defamation, personality rights, privacy, jurisdiction, private international law, libel tourism, forum shopping, Brussels I Recast, torts, delicts
Objavljeno: 02.08.2018; Ogledov: 536; Prenosov: 45
.pdf Celotno besedilo (511,68 KB)
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4.
Determining jurisdiction and the applicable law in cross-border unfair competition and unfair commercial practices cases
Iveta Rohová, David Sehnálek, 2017, izvirni znanstveni članek

Opis: The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contribute to the development of trade within the EU. Problems that could once be addressed almost exclusively or at least prevailingly at a national level currently assume cross-border character. This is also true in the case of regulation of unfair competition and unfair commercial practices. Whereas the substantive regulation of unfair competition in both EU and domestic law is quite common in scientific literature, its aspects in private international law are often neglected. Since the EU law has to a large extent replaced national conflict-of-law and procedural rules with unified EU provisions, this article focuses on the EU regulations Rome II and Brussels I bis with the emphasis put on the latter. The aim of this article is to review the rules determining jurisdiction (and the applicable law) on the basis of legal doctrine, current legislation and case law of the Court of Justice of the EU. Attention also will be paid to both off-line and on-line situations, as well as to the specifics of consumer protection in the context of unfair competition and unfair commercial practices.
Ključne besede: unfair competition, unfair commercial practices, private international law, applicable law, jurisdiction, on-line torts
Objavljeno: 02.08.2018; Ogledov: 475; Prenosov: 43
.pdf Celotno besedilo (559,94 KB)
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5.
Foreign insolvent debtor
Jorg Sladič, 2012, izvirni znanstveni članek

Opis: Creditors in international trade are often faced with issues of an insolvent foreign debtor who often has property and assets in several states. In such a case creditors are faced with difficulties of international collective insolvency proceedings. The introductory parts of the article examines the standard questions like the question of a single, universal property of an individual or legal person and on the other hand the principles of territoriality and universality in public international law as far as the effects of foreign collective insolvency proceedings are concerned. The article then deals with issues of the centre of main interests as the point of contact and issues opened with the application of the lex concursus.
Ključne besede: private international law, insolvency law, principle of territoriality, principle of universality, principle of single universal assets and property, recognition of decisions of foreign courts rendered in collective insolvency proceedings, recognition of effects of a foreign collective insolvency proceedings, centre of main interests
Objavljeno: 01.08.2018; Ogledov: 415; Prenosov: 24
.pdf Celotno besedilo (235,44 KB)

6.
Some observations regarding cross-border debt collection in consumer disputes
Christophe Verdure, 2010, izvirni znanstveni članek

Opis: Cross-border debt collection in consumer dispute leads to many difficulties. The main one is the access to justice as consumers are generally not aware of their rights and legal proceedings may be expensive. The major difficulty in order to sue a counterpart based in another Member States is the determination of the competent court. However, this private international law issue is the first step in order to bring a legal action. This action may be disproportionate, on time and value, in comparison with the amount of the debt a consumer wants to recover. As a result, the European Commission has adopted the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters which aims at facilitating cross-border disputes involving consumers. After recalling the main characteristics of the Directive, author also discusses online mediation, that can also lead to more effective results.
Ključne besede: cross-border debt collection, online mediation, consumer law, alternative litigation proceedings, Directive 2008/52/EC, private international law
Objavljeno: 23.07.2018; Ogledov: 341; Prenosov: 21
.pdf Celotno besedilo (120,61 KB)

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