Views
Recognition and Enforcement of Chinese Monetary Judgments in Australia based on Chinese Citizenship
The Australian common law does not require reciprocity for recognizing and enforcing foreign judgments. Therefore, although Chinese courts have never recognized and enforced an Australian monetary judgment, Australian courts have recognized and enforced Chinese judgments. Thus far, there have been two Chinese judgments recognized and enforced in Australia (both in the State of Victoria). In […]
A King without Land – the Assignee under the Commission’s Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims
Professor Dr. Robert Freitag, Friedrich-Alexander-University Erlangen, has kindly provided us with his thoughts on the proposal for a Regulation on Third-Party Effects of Assigment: Article 14 para. (1) of Regulation Rome I subjects the relationship between assignor and assignee under a voluntary assignment of a claim to the law that applies to the contract between the […]
The Italian Supreme Court rules on the effects of the opposition to a European Order for Payment
In case of opposition to a European Order for Payment, Article 17 (1) of Regulation (EC) No 1896/2006 (latest consolidated version) states: “the proceedings shall continue before the competent courts of the Member State of origin unless the claimant has explicitly requested that the proceedings be terminated in that event. The proceedings shall continue in […]
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Opinion by AG Maciej Szpunar of 14 July 2022 in C- 354/21 – R.J.R., Intervener Registru centras, on the interpretation of the European Succession Regulation: “Extended substitution” in light of mutual trust?
The deceased, living in Germany, leaving as her sole heir her son, who also lives in Germany, owned immovable property in Germany and Lithuania. Her son obtained a European Certificate of Succession from the German authorities, naming him as the sole heir of the deceased’s entire estate. He presented the certificate to the Lithuanian authorities […]
HCCH Monthly Update: July 2022
Conventions & Instruments On 1 July 2022, the HCCH 2007 Child Support Convention and the HCCH 2007 Maintenance Obligations Protocol entered into force for Ecuador. At present, 44 States and the European Union are bound by the Convention, while 30 States and the European Union are bound by the Protocol. More information is
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