Kindly shared by Marta Pertegás Sender, Professor at the University of Maastricht
The University of Maastricht Law Faculty is offering two post-doc positions in the area of private law (including private international law), with focus on digital legal studies and globalisation respectively. The job descriptions and requirements are available hereunder:
– Assistant Professor Digital Legal Studies
– Assistant Professor Private Law and Globalization
Written by Dr. Anneloes Kuiper, Assistant Professor at Utrecht University, the Netherlands
In 2018, the Dutch Supreme Court found a Spanish judgment applicable in the Netherlands, based on the Hague Convention on the International Protection of Adults. Minor detail: neither the Netherlands nor Spain is a party to this Convention.
Applicant in this case filed legal claims before a Dutch court of first instance in 2012. In 2013, a Spanish Court put Applicant under ‘tutela’ and appointed her son (and applicant in appeal) as her ‘tutor’. Defendants claimed that, from that moment on, Applicant was incompetent to (further) appeal the case and that the tutor was not (timely) authorized by the Dutch courts to act on Applicant’s behalf. One of the questions before the Supreme Court was whether the decision by the Spanish Court must be acknowledged in the Netherlands. Read more...
The UNCITRAL has published the Report from the 51st session. Annexes to the report contain the proposed United Nations convention on international settlement agreements resulting from mediation, the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments.
The Russian Supreme Court has published the English translation of the guidelines on Russian private international law, issued in Russian on 27 June 2017 (ruling No 23 ‘On Consideration by Commercial Courts of Economic Disputes Involving Cross-Border Relations’).
The ruling is binding on all the lower courts in Russia: from time to time the Russian Supreme Court gathers in a plenary session to discuss the case law approaches to controversial matters in a particular field of law. It then adopts binding guidelines to ensure a uniform application of law in the future (this role of the Supreme Court is based on art. 126 of the Constitution and arts. 2 and 5 of the law on the Supreme Court of the Russian Federation of 2 February 2014). Read more...
In the judgment C-335/17 of 31 May 2018, the CJEU confirms that the autonomous concept of ‘right of access’ under Brussels II bis Regulation encompasses the rights of access of grandparents to their grandchildren. Read more...
On 14 December 2017 the CJEU has ruled on the scope of the Regulation (EC) No 805/2004 European Enforcement Order for uncontested claims – Case C-66/17.
As stated by the CJEU, ‘Article 4(1) and Article 7 of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims must be interpreted as meaning that an enforceable decision on the amount of costs related to court proceedings, contained in a judgment which does not relate to an uncontested claim, cannot be certified as a European Enforcement Order.’
In the meantime, given the definition of an uncontested claim, a EEO can be issued only in relation to a condemnatory decision, not in relation to a declaratory one. Read more...