Results 11 to 20 of about 2,819,106 (346)

Arbitration Of Family Separation Issues – A Useful Adjunct To Mediation And The Court Process [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2014
For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day ...
M (Leentjie) de Jong
doaj   +1 more source

PILIHAN HUKUM, FORUM DAN DOMISILI SUATU KONTRAK DALAM TRANSAKSI BISNIS

open access: yesMasalah-Masalah Hukum, 2012
In the contract, if the parties did not specify their own choice of law, forum selection and choice of domicile, the legal sector in this regard provides to regulate it, that stipulates that in such a case, where the law applicable where the competent ...
Syafran Syafran
doaj   +1 more source

The UCP as a Choice of Non-State Law in International Commercial Contracts

open access: yesPotchefstroom Electronic Law Journal, 2022
The article analyses the UCP as a form of non-State law. It demonstrates that in some courts the UCP may inadvertently be applied as the governing law of the agreement instead of as contractual terms.
Faadhil Adams
doaj   +1 more source

The Religious Courts’ Authority To Adjudicate Disputes Based On Principal Agreements And Security Agreements Due To Different Choice Of Law

open access: yesProphetic Law Review, 2022
A Sharia Banking Agreement is often secured by the Deed Granting Mortgage. These two agreements are different types and have different burden of proof.
Sri Widodo
doaj   +1 more source

Characteristics of Party autonomy in a Transnational Electronic Consumer Contract

open access: yesYuridika, 2019
International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general.
Moh. Ali, Agus Yudha Hernoko
doaj   +1 more source

Choice of Law for Insurance Contracts: History of Article 7 of Rome I, Particularly Regarding the Relationship with Directives 88/357 and 90/619 in Light of Directive 2009/138

open access: yesOslo Law Review, 2019
Article 7 of Rome I contains the same rules on choice of law for insurance contracts as previously found in various insurance directives. The rules are technically very complicated.
Henrik Bull
doaj   +1 more source

The Status of Agreements on Determining Competent Court and Applicable Law in the Intellectual Property Disputes [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020
If there is a foreign factor in intellectual property disputes, then the matter of choice-of-court and choice-of-law will be arisen. The most important question in the parties’ minds is that whether they can choose the competent court and applicable law ...
Shokat Shayesteh   +1 more
doaj   +1 more source

Autonomous Interpretation of ‘Civil and Commercial Matters’: Do Public Authorities’ Claims for Clean-up Costs for Pure Environmental Harm Qualify?

open access: yesOslo Law Review, 2019
Recovery of public authorities’ costs for pure environmental harm, ie harm that does not entail an economic loss on part of the authorities, is unlikely to be considered a ‘civil matter’ under Rome II – or the Judgments Regulation/Lugano Convention.
Henrik Bull
doaj   +1 more source

Party Autonomy in the Context of Jurisdictional and Choice of Law Rules of Matrimonial Property Regulation

open access: yesBaltic Journal of Law & Politics, 2020
In 2019, the EU Member States started applying the Matrimonial Property Regulation, which concerns the property regimes of international marriages. This regulation is aimed at helping couples manage their property and divide it in case of divorce or the ...
Limantė Agnė   +1 more
doaj   +1 more source

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