Agrégateur de flux

Maria Hook, The Choice of Law Contract, Hart Publishing, 2016,  ISBN 9781849467643, pp. 288, GBP 60.

This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

La Cour de justice de l’Union européenne a confirmé l’analyse du Tribunal sur les relations financières entre l’État et Orange concernant la retraite des fonctionnaires employés par cette société.

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I have been very kindly invited to be the speaker of the Forum Conveniens Annual Lecture at the University of Edinburgh this year. It is with great pleasure that I announce it will take place on Wednesday 23rd November 2016, under the title “Farewell, UK. Stocktaking Time for a Continental Europe’s Area of Civil Justice”. Start is foreseen at 6.00pm, at the following venue: LG.10, David Hume Tower, EH8 9JX.

Attendance is free, however registration is required. For more information  please contact:
Professor Gerry Maher (Gerard.Maher@ed.ac.uk or Dr
Veronica Ruiz Abou Nigm (V.Ruiz.Abou-Nigm@ed.ac.uk)

Forum Conveniens is a forum based at Edinburgh Law School and dedicated to International Private Law (Private International Law). Its base in Edinburgh reflects the distinctive role of Scots law in the development of the subject but at the same time the focus of the Forum is international.

It provides a means of bringing together interested parties (including academic lawyers, practitioners, the judiciary, law reformers, and policy makers) for discussion and exchange of ideas in private international law.

Propriété industrielle ; Compétence

Protection des droits de la personne - Informatique et libertés

Sécurité sociale, assurances sociales - Vieillesse - Pension

Statut collectif du travail ; Preuve
- Conventions et acords collectifs

Bail commercial

Bail commercial

Edina Márton, Violations of Personality Rights through the Internet – Jurisdictional Issues under European Law, Nomos / Hart Publishing, 2016, ISBN 9781509908028, pp. 384, GBP 95.

This book considers jurisdictional issues on violations of personality rights through the Internet under the so-called ‘Brussels-Lugano Regime’ and centres on the special rule of jurisdiction in matters relating to tort, delict, or quasi-delict. It notes the governing objectives and underlying principles of this special rule; analyses its interpretation through the judgments of the ECJ, especially Bier, Shevill, and eDate and Martinez; and explores views expressed in legal theory and national judicial practice regarding its application for localising online violations of personality rights. The book aims to examine how the eDate and Martinez approaches advance administrability, predictability, and litigational justice and to assess whether they are suitable jurisdictional bases in Europe, where common legal norms, interests, and values increasingly integrate and connect persons. It concludes that they are not and recommends their possible reform.

Professor Massimo Benedettelli (University of Bari “Aldo Moro”) has just published a highly noteworthy article entitled “Five Lay Commandments for the EU Private International Law of Companies” in the 17th Volume of the Yearbook of Private International Law (2015/2016).

The author has kindly provided us with the following abstract:

‘While praising European company law as a “cornerstone of the internal market”, the EU institutions have devoted limited attention to issues of competent jurisdiction, applicable law and recognition of judgments which necessarily arise when companies carry out their business on a cross-border basis. This is a paradox, especially if one considers that in this area the EU often follows a policy of “minimal harmonization” of the laws of the Member States and that this policy leads to the co-existence of a variety of different rules and institutions directly or indirectly impinging on the regulation of companies, thus to possible conflicts of jurisdictions and/or laws. The European Court of Justice’s “Centros doctrine” fills this gap only partially: this is due not only to the inherent limits of its case-law origin, but also to various hidden assumptions and corollaries on which it appears to be grounded and which still need to be unearthed. Hence, time has come for a better coordination of the legal systems of the Member States in the field of company law, possibly through the enactment of an ad hoc instrument. To be properly carried out, however, such coordination requires a preliminary clarification of what the EU private international law of companies really is and how it should be handled at the current stage of the European integration. This article tries to contribute to such clarification by proposing five main guidelines, in the form of “commandments” for the European legislator, courts and practitioners. It is submitted that, first, one should understand the different scope of the three legal disciplines (EU law, private international law and company law) which interact in this field so as to assess when and to what extent the lack of coordination of the Member States’ domestic laws may affect the achievement of the objectives pursued by the EU. As a second analytical step, the impact that the EU constitutional principles of subsidiarity and proportionality may have on the scope of the relevant regulatory powers of the EU and of the Member States should be determined. Third, the issue of “characterization” should be addressed so that the boundaries of company law vis-à-vis neighbouring disciplines (capital markets law, insolvency law, contract law, tort law) are fixed throughout the entire EU legal space in a uniform and consistent way. Fourth, the Member States’ legal systems should be coordinated on the basis of the “jurisdictional approach” method (which de facto inspires the ECJ in Centros and its progenies) by granting a role of prominence to the Member State under the laws of which a company has been incorporated. Fifth, any residual conflict which may still arise among different Member States in the regulation of a given company should be resolved, in principle, by respecting the will of the parties to the corporate contract and the rights “to incorporate” and “to re-incorporate” which they enjoy under EU law. In the author’s opinion, an EU private international law of companies developed on the basis of these guidelines not only would achieve a fair balance between the needs of the integration and the Member States’ sovereignty, but would also create a framework for a European “market of company law” where a “virtuous” forum and law shopping could be performed in a predictable and regulated way.’

La possibilité de surveillance effectuée par des enquêteurs privés pour le compte d’une compagnie d’assurance n’est pas suffisamment encadrée par la loi suisse et ne permet pas de prévenir les assurés contre d’éventuels abus. Cette surveillance s’analyse en une violation du droit à la vie privée de la requérante.

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Les autorités d’un État membre de l’Union peuvent remettre aux autorités judiciaires françaises un CD-Rom contenant la transcription d’écoutes téléphoniques réalisées à l’étranger sans demande préalable des autorités françaises et le juge français n’est pas compétent pour statuer sur la régularité de ces écoutes.

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