Agrégateur de flux

Woo-jung Jon is the author of Cross-border Transfer and Collateralisation of Receivables – A Comparative Analysis of Multiple Legal Systems, published by Hart Publishing.

Legal systems around the world vary widely in terms of how they deal with the transfer of and security interests in receivables. The aim of this book is to help international financiers and lawyers in relevant markets in their practice of international receivables financing. Substantively, this book analyses three types of receivables financing transactions, ie outright transfer, security transfer and security interests. This book covers comprehensive comparison and analysis of the laws on the transfer of and security interests in receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman–Germanic jurisdictions and French–Napoleonic jurisdictions, as well as relevant EU Directives. To be more specific, this book compares and analyses the relevant legal systems of the US, Canada, New Zealand, Australia, Korea, Japan, France, Belgium, England, Hong Kong, Singapore, China, Germany, Austria and the Netherlands. Furthermore, in order to analyse those legal systems from the international perspective, this book compares relevant international conventions; it also proposes to establish an international registration system for the transfer of and security interests in receivables.

More information here.

On 31 July 2020, the Depositary (i.e. the Ministry of Foreign Affairs of the Kingdom of the Netherlands) notified that the Marshall Islands acceded to the HCCH Service Convention. A six-month period for filing objections has been set to run from the date of the Depositary’s notification until 31 January 2021. In the absence of any objection from an already ratifying State, the Convention will enter into force for the Marshall Islands on 1 February 2021.

So far the Marshall Islands has made no declarations under the treaty (think for example of Articles 8, 10, 15 and 16). Nor has it designated Central Authority. While this can be done at a later date, it is undoubtedly of great importance that the designation of Central Authority be made as soon as possible for the treaty to operate smoothly and avoid potential objections, even if this is only a theoretical possibility as the objection-mechanism has never been used in practice.

In the Pacific region, there are a few other States already a party to the Service Convention, such as the Philippines (date of entry into force: 1 October 2020!), Japan and Australia.

The HCCH news item is available here.

The Hague Conference announced today that the Marshall Islands ratified on 29 July 2020 the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, which will enter into force for this country on 1 February 2021.

Source: here

Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012  has been published today at the OJEU (L 249, 31.7.2020, p. 49).

Readers of this blog will be interested in particular by Article 1 paragraphs 1 to 9.

The Directive should be read with the declaration of the European Commission on the “Mobility Package I on road transport”, equally published at the OJEU (C 252, 31.7.2020, p. 1).

Sources: here et there

Recently published paper The Reception of Collective Actions in Europe: Reconstructing the Mental Process of a Legal Transplantation, authored by Csongor István Nagy, Professor at the University of Szeged, is a must read for those studying collective actions in EU. It is intended to identify the differentia specifica of the European collective actions as opposed to those in US, which in itself is not an easy task as there are various models in different Member States. However, the paper elegantly navigates these waters and offers a firm grasp of the history and present state on this increasingly important topic on this side of the Atlantic (you may track the EU developments at the legislative train site). For the rest, you need to read the paper…

It is published in Journal of Dispute Resolution, Vol. 2020, No. 2, pp. 413-443 (2020), and also available at SSRN.

Apostolos Anthimos has posted on SSRN a paper titled Recognition and Enforcement of Foreign Judgments in the Field of Bilateral Conventions of Greece with Balkan States.

The purpose of this paper is to present the current legislative framework and the practice of Greek courts with respect to the recognition and enforcement of foreign judgments falling under the scope of bilateral conventions signed with Balkan States. Prior to presenting individual conventions and related case-law, few brief remarks are given on the role of bilateral treaties in the Greek landscape. A special chapter is dedicated to the conditions for recognition and enforcement, cutting horizontally through all conventions included in the scope of this paper. The findings of the research suggest that, on a bilateral level, judgments from the Balkan States are generally recognized in Greece.

Readers of this blog may be interested to hear of a new textbook on private international law, recently published by LexisNexis. The Conflict of Laws in New Zealand is the first comprehensive treatment of the subject from a New Zealand perspective. Drawing on principles developed in common law countries while adopting a comparative perspective, it explains how New Zealand law has developed into an indigenous body of rules to deal with problems of jurisdiction, choice of law, recognition of judgments and international civil procedure. The textbook may be of interest to scholars and academics outside New Zealand who are looking for a comparative treatment of problems in modern private international law, as well as any lawyers who find themselves interacting with New Zealand law in practice.

The first part of the book covers the four distinct functions of the conflict of laws: adjudicatory jurisdiction (including personal and subject-matter jurisdiction), choice of law, recognition and enforcement of judgments, and international civil procedure. The second part of the book addresses the conflict of laws rules as they relate to the main subject areas of private law, including obligations, property and trusts, succession, family law and corporations and insolvency