CONFLICT OF LAWS - Naslovnica - Web pravnog fakulteta法律冲突- naslovnica Web pravnog fakulteta.pptVIP

Lex causae The system of law (usually foreign) applicable to the case in dispute; substantive rules Lex domicilii The law of the country of domicile determines such matters as capacity to make a will, the validity of a will; consent to marriage, marriage contract Lex loci contractu The law of the place where a contract was made Formal requirements of a contract Rome Convention (1998) 1. The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries. Rome Convention (1998) Freedom of choice 1. A contract shall be governed by the law chosen by the parties. The choice must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. By their choice the parties can select the law applicable to the whole or a part only of the contract. Rome Convention (1998) Article 4 Applicable law in the absence of choice 1. To the extent that the law applicable to the contract has not been chosen in accordance with Article 3, the contract shall be governed by the law of the country with which it is most closely connected. Recognition and enforcement of foreign judgements A husband and wife living in England areMuslims; the husbandpays a visit to a Muslim country of which he is a citizen where he divorces his wife under the Islamic law by declaring three times that he divorces her Is the divorce effective in England? Summary Conflict of laws (private international law): private law containing a foreign element Choice of laws Choice of forum Legal terms The act of giving a judgement or of deciding a legal problem: Adjudication The power of a court to hear and decide a case or make a certain order Jurisdiction Put the verbs in brackets into the appropriate forms: Each country _______(determine) the jurisdiction of its courts to entertain a civil law suit. In federal countries or unitary systems with strong traditions of regional or provincial juris