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Rome II Regulation
The Rome II Regulation (EC) N864/2007is a European Union Regulation regarding the conflict of laws on the law applicable to non-contractual obligations. From 11 January 2009, the Rome II Regulation created a harmonised set of rules within the European Union to govern choice of law in civil and commercial matters (subject to certain exclusions, such as the application being manifestly incompatible with the public policy of the forum) concerning non-contractual obligations. Additionally, in certain circumstances and subject to certain conditions, the parties may choose the law applicable to a non-contractual obligation. Analogous rules were established for contractual obligations by the Rome Convention of 1980. The Rome Convention has, in turn, been replaced by the Rome I Regulation on the law applicable to contractual obligations (Reg. (EC) No. 593/2008). The regulation applies to all EU member states except Denmark. Background Initially submitted by the European Commission in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpa In Contrahendo
''Culpa in contrahendo'' is a Latin expression meaning "fault in conclusion of a contract". It is an important concept in contract law for many civil law countries, which recognize a clear duty to negotiate with care, and not to lead a negotiating partner to act to his detriment before a firm contract is concluded. In German contract law, § 311 II BGB lists a number of steps by which an obligation to pay damages may be created. By contrast, in English contract law, and many other common law jurisdictions, there has been stulted judicial acceptance of this concept. The doctrine of estoppel has been mooted by academics as a good model, but judges have refused to let it be a sidestep of the doctrine of consideration, saying estoppel must be a shield not a sword, and calling instead for Parliamentary intervention. On the other hand, in the case of land, proprietary estoppel effectively created obligations regardless of any pre-existing contract. In the United States, however, cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Regulations
European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** European Union citizenship ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (other) * The Eur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diana Wallis
Diana Paulette Wallis, (born 28 June 1954 in Hitchin, Hertfordshire) is a British former Liberal Democrats (UK), Liberal Democrat Member of the European Parliament (MEP) for Yorkshire and the Humber (European Parliament constituency), Yorkshire and the Humber. Wallis was first elected in 1999 European Parliament election in the United Kingdom, 1999 and re-elected in 2004 European Parliament election in the United Kingdom, 2004 and in 2009 European Parliament election in the United Kingdom, 2009. She resigned her seat in January 2012 and went on to pursue academic, legal and mediation-related activities. On 6 September 2013, Wallis was elected President of the European Law Institute, an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development with a goal of enhancing the European legal integration. She was re-elected in 2015 for a second term, which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort (conflict)
In conflict of laws, the choice of law rules for tort are intended to select the ''lex causae'' by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered. History The first attempts to establish a coherent ''choice of law'' rule for tort cases involving a foreign law element varied between favouring the lex fori (i.e. the law of the court) and the ''lex loci delicti commissi'' (i.e. the law of the place where the tort was committed). The public policy (law), public policy of territorial sovereignty was always the principal consideration. Hence, the forum courts claimed their right to apply their laws to determine whether any lawsuit initiated in their jurisdiction (area), jurisdiction allowed a remedy. Equally, it is the commission of a tort that vests a right of action in a claimant and therefore, it should always be for the law of the place where that right was created to determine the extent of any remedy flowing from it. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome III Regulation
The European Union Divorce Law Pact or Rome III Regulation, formally Council Regulation (EU) No. 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation is a regulation concerning the applicable law regarding divorce valid in 17 countries. The regulation dictates which law should be used in cross-border divorces, while which courts should be used is determined by the Brussels II Regulation, which is valid for all European Union countries, except Denmark. The agreement, approved by Council of the European Union on 20 December 2010, took effect in the 14 original contracting parties on 21 June 2012 and makes use of the enhanced co-operation mechanism which allows a minimum of nine EU member states to establish advanced integration or cooperation in an area within EU structures but without all members being involved.Vucheva, Elitsa (2008-07-24Divorce rules could divide EU states EU Observer History The Euro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retained EU Law
The European Union (Withdrawal) Act 2018 (c. 16) is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June. The Act is to enable "cutting off the source of EU law in the UK ... and remove the competence of EU institutions to legislate for the UK".Summary The 2017–2019 Government of Theresa May regarded it as the most significant constitutional leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brexit
Brexit (, a portmanteau of "Britain" and "Exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU). Brexit officially took place at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 Central European Time, CET). The UK, which joined the EU's precursors the European Communities (EC) on 1 January 1973, is the only member state to have withdrawn from the EU, although the territories of Greenland (part of the Kingdom of Denmark) previously left the EC in 1985 and Algeria (formerly French Algeria, part of France) left in 1976. Following Brexit, EU law and the Court of Justice of the European Union no longer have Primacy of European Union law, primacy over British laws but the UK remains legally bound by obligations in the various treaties it has with other countries around the world, including many with EU member states and indeed with the EU itself. The European Union (Withdrawal) Act 2018 retains relevant EU law as La ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strategic Lawsuit Against Public Participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, particularly in the context of investigative journalism, repeated frivolous litigation against a defendant may raise the cost of directors and officers and other liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
