Международное частное право в 3 т. Том 3. Материально-процессуальные и процессуальные отрасли : учебник для вузов
The article is devoted to the research of a new regulation in Private International Law and International Civil Procedure in Argentina which was introduced in the process of recodification of private law. In 2014 a new Civil and Commercial Code of Argentina was adopted in which the Title “Provisions on Private International Law” (articles 2594-2671) establishes choice-of-law (conflict) rules and jurisdictional rules. For the purpose of codification of Private International Law and International Civil Procedure the Argentinean legislator chose intra-branch complex form of codification which is traditional for that country. In the article much attention is paid to the analysis of procedural aspects of legislation adopted. The new regulation is internationally oriented and broadens of judicial discretion in order to take into account the concrete circumstances of a case, the majority of International Civil Procedure rules is directed for the protection of access to the efficient justice. Unfortunately, the Argentinean legislator refused to apply the autonomous complex form of codification of Private International Law and International Civil Procedure, so the new regulation became incomplete, particularly the rules of recognition and enforcement of foreign judgments were not included. Despite the range of shortcomings, the new Private International Law and International Civil Procedure of Argentina have serious advantages: a) closed list of foundations of exclusive jurisdiction of local courts is established; b) recognition of parties’ autonomy of will in choice of court is introduced; c) principle of controlled plurality of proceedings is formulated.
The present article examines the main peculiarities of modern development of the sources of Private International Law, including domestic legislation, international treaties, international customs, case law, legal acts of international organizations and lex mercatoria. The author proved that at present the main trend of the development of domestic legislation as a source of PIL consists of its intensive and extensive codification. Another trend of the development of PIL sources undermines the enlargement of instruments of non-state regulation of private international relations, namely, lex mercatoria as an example of soft law. As far as the development of PIL sources in the European Union is concerned, two trends may be observed simultaneously: firstly, formation of European conflict law and European Civil Procedure by instruments not only having legal force but also having direct application on the territory of the EU Member States (regulations); secondly, formation of the unified material rules regulating private relations amongst different subjects on the territory of the EU, which are contained either in regulations, or in non-binding documents.
The article examines current trends in the process of national codifications of international private law (PIL) on the example of countries in Asia and Africa. The choice of the subject of the study is due to the fact that the PIL of these countries is least known to the Russian reader. Meanwhile, the process of codification of PIL is global, covering all regions of the world, including Asia and Africa. The legislation of these countries demonstrates the whole variety of forms and methods of codification of PIL, the whole range of contradictions and problems that arise when developing new laws and modernizing old ones. The article concluded that in the codification of MPEs in African and Asian countries, the intrabranch form dominates, with a considerable number of legislators preferring the intrabranch integrated method; there is a direct borrowing of the European models adopted many years ago, often without their adaptation to current trends in the development of the PIL; many laws on PIL in Islamic countries have a religious tint, which may hinder the normal development of cross-border private relations.
Nowadays, the European Union has faced significant difficulties associated with the creation of a uniform mechanism for determining the personal law (Statute) of legal entities, i.e. single collision bindings to the personal statutes of companies. Attempts to achieve convergence and harmonization of national legislations in this matter have not yet been crowned with success. The purpose of this study is to analyze the provisions applied in the countries of the European Union, the criteria for determining the personal law of legal persons, as well as judicial practice aimed at the gradual approximation, harmonization and leveling of contradictions in various legal systems. In the article, using a comparative method of research, a detailed analysis of the norms of international treaties and the case law of the Court of the European Union regulating the recognition of legal personality of legal persons was carried out. The following conclusions are drawn as a result of the development of the case law of the European Union: the movement of both the statutory and actual location of the company is allowed under the law of the European Union;the establishment of a company in a state with a more liberal corporate regime is not an abuse of the institution's freedom, even if it serves to circumvent the norms of another member state in which all the company's activities will be carried out; is also not an abuse of the performance of activities not at the place of registration but at the location of the branch of the company; the receiving state is obliged to recognize that a foreign company conducts its activities on its territory, to recognize its legal personality, the settlement theory in this case does not work; the host State can not prohibit a transnational merger and its registration in its registry, if such registration is allowed when merging national companies; the company may move its statutory or actual location to another state without loss of legal personality under the law of the state of creation; the question of the possibility of maintaining the legal capacity and the law applicable to the company (state of creation) when moving to a foreign state is decided by the state of creation itself, which in this case has the right to prohibit or restrict such movement; if the company intends to change the applicable law and take the legal form of the company provided in the receiving state, the state of establishment can not prohibit the migration of the company and oblige it to be liquidated, provided that such a migration is allowed by the receiving state.
As our world becomes more interconnected, the need for international standards and cooperation in business and legal standards is becoming increasingly evident. As more companies and businessmen from all over the world enter into contracts with foreign counterparties the question immediately arises of how disputes on such contracts may be settled (“disputes containing a foreign element”). It is worth mentioning the parallel that the clearer the procedure of international dispute settlement in a state, including recognition and enforcement of decisions on such a dispute, the friendlier the general environment for foreign investments. Article deals with Problem Areas Of International Dispute Resolution In Russia and Turkey.
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/