Agrégateur de flux

Derniers avocats des parties civiles à plaider, maîtres Teissonnière et Topaloff, qui représentent treize parties civiles et le syndicat Sud, ont plaidé jeudi après-midi.

en lire plus

Non lieu à renvoi

The Faculty of Law at the University of Trier is looking for a research assistant (Wissenschaftliche(r) Mitarbeiter(in) (m/w/d)) at the Chair for Private Law, Private International Law and Comparative Law (Prof. Dr. Jens Kleinschmidt, LL.M. (Berkeley)) on a part-time basis (50 %).

The position will be paid according to the salary scale E 13 TV-L, and the contract will be for an initial period until 30 June 2022.

The research fellow will be given the opportunity to conduct a Ph.D. project under the chairholder’s supervision (according to the applicable regulations of the Law Faculty). His/her tasks will include supporting the chairholder in research, teaching and administrative matters, an independent teaching obligation of 2 hours/week (in German) and pursuing his/her own Ph.D. project.

The successful candidate holds a first law degree (Erste juristische Prüfung) above average and has a particular interest in private law and the willingness to work in the research areas of the chair. A very good command of German and, in addition, English or French is required. Knowledge of another language or a stay abroad will be an asset.

Candidates with disabilities will be given preference in case of equal qualification. Applications by qualified women are particularly welcome.

If you are interested, please send your application (cover letter in German, CV, all relevant documents including transcripts and copy of law degree) by 31 July 2019 to

Professor Dr. Jens Kleinschmidt
Universität Trier
FB V – Rechtswissenschaft
54286 Trier
Germany

As the application documents will not be returned, applicants are kindly requested to submit only unauthenticated copies.

The full job advert in German is available here.

Propriété littéraire et artistique

Indemnisation des victimes d'infraction

Prescription - Service public

CEDH - Propriété

Baltic Media Alliance
SERV
Un État membre peut, pour des motifs d’ordre public tels que la lutte contre l’incitation à la haine, imposer l’obligation de ne diffuser ou de ne retransmettre temporairement une chaîne de télévision en provenance d’un autre État membre que dans des bouquets payants

The agenda of the 11th International Forum on the electronic Apostille Program (e-APP) (to be held from 16 to 18 October 2019 in Fortaleza, Brazil) has been released, click here. For more information, see my previous post here.

The HCCH news item is available here.

This spring, the first meeting of the newly established Young EU Private International Law Research Network  was held at the University of Würzburg (please find more information about this event here). The first research project and meeting in Würzburg dealt with the “Recognition/Acceptance of Legal Situations” in the EU.

The cooperation involving the young generation of private international lawyers is intended to be continued with annual conferences. The next meeting of the network will take place at ELTE Eötvös Loránd University,Budapest on  20 March 2020. The conference will focus on overriding mandatory provisionswith particular regard to national legislation and court practice outside the scope of application of the EU private international law regulations. The provisions of the EU private international law regulations, and in particular the Rome I and II Regulations, on overriding mandatory provisions and the related case law received considerable attention among commentators. However, less attention has been devoted to the treatment of overriding mandatory provisions in the law of the Member States outside the scope of application of the EU private international law regulations. The areas concerned may include property law, family law, company law, etc. A comprehensive comparative study is missing in this field. In order to map the similarities and differences of the approaches of the private international law of the Member States, national reports will be prepared. Based on these national reports, a general report will be produced.

The conference will consist of a morning session where overriding mandatory rules will be discussed in a general way (e.g., the appearance of overriding mandatory provisions in property law, family law, arbitration, their interconnection with human rights, etc.) and an afternoon workshop where participants will discuss the outcome of the national reports and the conclusions of the general report.

If you are interested in the research project or the activity of the Young EU Private International Law Research Network, please do not hesitate to contact us (youngeupil@gmail.com).

Posted on behalf of the Permanent Bureau of the Hague Conference on Private International Law (HCCH)

The full text of the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is now available online. The HCCH released the text of the Convention on its website.

You can it find it here.

Additional information, including the final version of the Explanatory Report to the Convention will be available soon.

 

 

The representatives at the Diplomatic Conference at the Hague Convention have issued a provisional text of the Convention here. I am short of time to post a quick scan of the Convention – see some of my earlier posts on same. Also, since the Convention has taken on the format of the Brussels regime, it is of course quite an exercise even just to give a quick overview.

Of interest is that Jane Holliday posted a summary of key positive takeaways by prof Paul Beaumont, who was heavily involved in the drafting i.a. as a representative of the EU. These include the room for asymmetric choice of court (not covered by the Hague choice of court Convention and crucial for many common law jurisdictions); and the blend between the US and the EU regime for forum contractus: Article 5(g):

‘the judgment ruled on a contractual obligation and it was given by a court of the State in which performance of that obligation took place, or should have taken place, in accordance with

(i) the agreement of the parties, or (ii) the law applicable to the contract, in the absence of an agreed place of performance,

unless the activities of the defendant in relation to
the transaction clearly did not constitute a purposeful and substantial connection to that State.

Of note of course is also the carve-out for intellectual property and of ‘unilateral’ sovereign debt restructuring, but also of defamation and of privacy.

Much analysis no doubt to follow, as are complications in reaching a unified interpretation of the Convention once ratified.

Geert.

(Handbook of) EU Private International Law, 2nd ed. 2016. Chapter 2.