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- 1. When the case takes place within one country between ... The law of the country, where the case takes place.
- 3. What is the case, if the parties to the treaty ... First question: Which law should be applied? Answer to this question can be found in the rules of private international law. It would be a conflict of laws. The rules of "conflict" say which law shall ...
- 5. Three circumstances give evidence for the application ... The parties of a contract belong to different countries. (Example: A from Germany marries B from Britain.) People do have their residence in a foreign country. (Example: A and B are German citizens, ...
- 6. Give the difference between substantive law and ... Substantive law: Tells me how to solve the case, for example, what happens to the property of a person in case of her death (bbg). Conflicts: Tells me only which law should be apply for example, ...
- 7. Basic Principles of conflict - Name three Principle of equality: All legal orders are principally of the same quality. There is no „ranking“ between the legal orders, none does prevails any other Private international law seeks ...
- 8.Describe the structure of a conflict rule. – p. ... Structure of any law: matter of fact and the legal consequence subject being tied = term of the system of private law (Succession) item that is tied = leads to the legal system refferred to ("is governed ...
- 9. Typical items, to which subjects are tied in conflicts ... Nationality (close connection of the person with certain culture/legal order) - Familiy law, marriage law, law of succession Domicile and / or habitual residence (socialization of a person with regard ...
- 10. Limitations to Private Autonomy Free will of the parties is limited by by ordre public (Art. 6 IACC) by laws regarding consumer protection by basic right
- 11. Check List for Cases of Conflict 1) Connection to another country? (Art. 3 IACC) 2) Directly applicable any international conventions (Art. 3 No. 2 IACC)- UN Convention on Contracts, find in German law = if this is applicable (B2B-case), ...
- 12. Definition of "referral" IACC either refers a) to the statutes of another State only (refferal to substantial law) or b) to substantial law as well as to the conflict rules of another state (general refferal) A case is handed ...
- 13. Explain 3 different stages of referal Acceptance of the referral- If the foreign law refers to its own legal order, this is an „acceptance of the referral“. In this case, the substantial law of the foreign country is applied ...
- 14. What is the CISG? CISG = Vienna Convention on Contracts on the International Sale of GoodsSpeciality: It is a material law because every memember state has implented it to its national law For this reason it prevails Rome ...
- 16. When is the CISG not applicable? This Convention does not apply to sales: (Art. 2) a: "of goods bought for personal, familiy or household use, unless the seller at any time before or at the conclusion of the contract, neither knew nor ...
- 18. Can the parties to a treaty vary the rules of ... Even if CISG is applicable (Art. 1 I, Art. 2 CISG) the parties can exclude its applicability either entirely or in parts or they can modify its regulations: "This treaty shall be governed by German law ...
- 19. What kind of contract of Sale of Goods and what ... All regulations refer to „goods” for example corporeal objects which are delivered on the payment of money. Moveable goods in exchange for money. a) CISG regulates purchase of removable ...
- 21. What is the aim of the Preamble to the Rome I ... It is the aim of Rome I (contractual obligations), to harmonise the conflict of laws-rules, in order to „maintaining and developing an area of freedom, security and justice“ (see Preamble ...
- 22. What does Rome I regulate with regard to unjust ... Rome I does not regulate this. You can find it in Rome II Art. 10-12
- 23. What does the law of contracts in Rome I contain? ... - the closing of a treaty and its validity (Art. 10)- the interpretation of obligations (Art. 12 I lit. a)- the way of fulfilment (Art. 12 I lit. b)- the consequences of non-fufilment of contractual duties ...
- 24. Which limitations in the freedom of choice of ... Acc. to Art 3 Rome I parties are free to choose the applicable law. The freedom of choice is limited as follows: - obligatory national law, when a case is "national (Art. 3 III), highest ranking of national ...
- 25. You know the expressed choice of law. Which other ... tacit consent (implied choice/angedeutete Wahl) → Tacit consent can be proofed by certain facts which give more or less strong indications regarding such consent.
- 26. What are strong, what weak indications for a choice? ... Strong indications for a choice are: Agreements on a certain forum Agreements on the place of settlement Use of forms etc. that stem from a specific legal order Use of legal terms of a ...
- 27. How are formal requirements (Vorgaben) regarding ... Rome I seeks not to make treaties invalid due to the fact that the parties to the treaty did not observe formal rules .- Art. 11 I: a contract is formally valid if it satisfies the formal requirements ...
- 28. What kind of provisions does Rome I refer to? ... - Refferal principally made to substantive provisions unless it is written down in Rom I. - this excludes renvoi to another legal order (Art. 20 Rome I)
- 29. Does Rome I contain any provisions regarding the ... YES Art. 6 Rome I §1 Protection of Consumers (Art. 6 Rome I) → If a „professional“ acts in the country where the „consumer“ has his habitual residence, the law of the country where the consumer ...
- What specialities do the consumer protective provisions ... Autonomous Connection of a Case acc. to Art. 6 I Rome I- the law of the Stat is applicable where the consumer has its habitual residence, provided that the professional a) pursues his commercial or professional ...
- 31. Where are questions of delict and tort regulated? ... Questions of delict and tort is regulated in Rome II (in the field of non-contractual obligations).
- 32. What is the common aim of Rome I and Rome II? both Regulations have the aim of creating similar conflict of law-rules (Schaffung einheitlicher Kollisionsnormen) in the field of contractual obligations (Rome I) and in the field of non-contractual ...
- 33. What is the scope of Rome II? Rome II embraces (umfassen) all non-contractual obligations, whether in civil or in commercial matters, involving a conflict of laws (Art. 1 I 1 Rome II).
- 35. What is the speciality regarding the choice of ... A choice of law can only be made „after the event giving rise to the damage occured“ (see Art. 14 I lit. a Rome II). But only a choice of law "before the event giving rise to the damage orccured" ...
- 36. What is the "event giving rise to the damage occured"? ... The event giving rise to the damage occurred is the date of the accident = 01st May and the incidence(Eintreten) of damage is the time, at which the damage (in this case: at B) occurs ...
- 37. What does "principle of causality" mean? For example, A crosses a red traffic light; C gets hurt by the car of B, but A's mistake did not cause this accident. The event giving rise to the accident of C is not the action of A but that of B. ...
- 38. What happens in a delict case, if the injuring ... If both have their habitual residence in the same country, the law of this country shall be applicable (Art. 4 II Rome II). Reason= the habitual residence shows a deep connection tho the state; ...
- 39. Description of - Economy - International Ecnonomy ... - Economy: careful management of resources to avoid unnecessary expenditure or waste - International Economy: careful management of resources to avoid unnecessary expenditure or waste on an international ...
- 40. Scope of international economic law? It regulates regarding its subjects: - Economic relations between States- Trans-national economic relations between individuals
- 41. 3 examples of objectives of international economic ... Import duties on foreign products Special taxes on foreign products Questions relating to the State‘s currencies Questions of trans-national financial transactions Protection of intellectual ...
- 43. What is public international law about? public international law regulate the „law“ between States for example, how States close treaties or how States start war and how they finish it.
- 44. Where are regulations dealing with companies in ... Lots of rules deal with companies which act abroad or „trans-national“ These rules can be found in the rules on conflict of laws (Rom I and II, UN-Convention) in international agreements ...
- 45. Rules to protect individuals - normally: legal rules in single State's law (e.g. German Civil Code) or State's constitution (German basic law)- I. also protected by international treaties dealing with Human Rights (e.g. European ...
- 46. 4 basic principles in public international law ... The principle of equality of States (see Art. 2 (1) UNCh) The principle of Friendly Relationship (Art. 1 (2) UNCh) The principle of non-aggression (Art. 1 (1), Art. 2 (3), (4) UNCh) The ...
- 48. How are international treaties transferred to ... There exist special rules for the closing of international treaties. These rules are enshrined in the Vienna Convention on International Treaties. It is up to the States, which subjects they regulate ...
- 49. International customary Law? These are rules in International Law, that are not comprised (bestanden aus) in treaties. It is the law of common practise among states. That means, examples: The immunity of diplomatic staff as well ...
- 50. How does international custom enter into force? ... The states need a: certain time certain practise and certain content
- 51. Characterise EU law with regard to public international ... - not a part of the "normal" Public International Law- special law create by its member states, as an international treaty (so called 'Rome Treaties'- member states of the EU passed part of their soverignty ...
- 52. What are the 3 major sources in national law and ... - Civil law(equality), Public law (subordination, states authority), Criminal law (states authority
- 54. How does the EU "work"? What are the major institutions ... - People of the EU Member-States elect the European Parliament - each EU Member-State has its representatives in the European Council - European Parliament and European Council initiate an pass decsions, ...
- 55. Hierachy of legal sources in the EU? Within EU: -Primary EU law (treaties on foundation of EU, General Principles; Human Rights)- Treaties and international conventions close by the EU; general principles of PIL; duties form the UN charter- ...
- 56. Hierarchy of legal sources with regard to a EU ... In a Member State: European law Constitution (e.g. BL)the general rules of international law, the federal law, the Länder law, the law of local public bodies or authorities
- 57.Name the legal instruments of the EU regulation (Verordung) directive (Richtlinien) decision Recommendations and opinions
- 59.What is the difference between a free trade area ... regulations: these are binding in their entirety and directly applicable in all Member States; (Eine Verordnung gilt unmittelbar in jedem Mitgliedstaat, sie muss nicht wie bspw. Richtlinien in ...
- 59.What is the difference between a free trade area ... Free trade area: no customs (Zoll) between member States States keep individual customs Customary union: common customs common restrictions regarding non-members