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Chinese Court Enforces Singaporean Judgment based on De Jure Reciprocity
By Zheng Sophia Tang, Wuhan University Institute of International Law and Academy of International Law and Global Governance
Chinese courts recognize and enforce foreign civil and commercial judgments under two circumstances: the existence of treaty obligations and the existence of reciprocity. In the past, Chinese courts relied solely on de facto reciprocity to enforce foreign judgments, which requires evidence to prove the courts in the foreign country enforced Chinese judgments in previous cases. Some courts have adopted an even tougher approach and rejected enforcing foreign judgments even though one positive precedent exists in the foreign country, arguing one case is not enough to prove reciprocity. The application of de facto reciprocity causes difficulty to enforce foreign judgments in Chinese courts. It makes enforcement impossible if no application was made to the foreign court to enforce Chinese judgment in the past, and if the other country also adopts the de facto reciprocity. It also makes proving reciprocity difficulty, especially if the foreign country has no comprehensive case report system.
The German Federal Court of Justice on the validity of a proxy marriage concluded in Mexico
Written by Greta Siegert, doctoral candidate at the University of Freiburg.
In a recent decision of 29 September 2021 – case XII ZB 309/21, the German Federal Court of Justice (BGH) once again confirmed the validity of proxy marriages concluded abroad under the condition that they met the formal requirements of the applicable foreign law.
The parties, a German woman and a male citizen of Syria, had concluded a proxy marriage in Baja California Sur (Mexico). At the time of the marriage, neither of them was present in Mexico nor had ever met their respective representatives. The declarations of proxy had been prepared by a German notary both in English and Spanish. When the couple applied for a marriage name declaration in Germany, the responsible registry office denied such an entry, invoking the marriage’s formal invalidity.
Reviewing this case, the German Federal Court ruled that there were no doubts regarding the marriage’s formal validity, hence holding it valid in absence of other issues of concern.
Granting asylum to family members with multiple nationalities – the choice-of-law implications of the CJEU-Judgment of 9th November 2021, Case C-91/20
Written by Marie-Luisa Loheide, doctoral candidate at the University of Freiburg.
From a PIL-perspective, granting asylum to the family members of a recognised asylum-seeker or refugee is relevant regarding the determination of an individual’s personal status and, more specifically, concerning the question of the relation between the individual’s political status (status politicus) and his or her personal status (status privatus). Whereas the personal status of an individual is ususally determined according to her or his own protection status, it is disputed with regard to personae coniunctae – meaning relatives of a protected person who do not (yet) possess a protection status of their own –, whether their personal status may be derived from the status of the already protected family member or whether it has to be determined by the person’s individual status. This is decisive as to the applicability of Art. 12(1) of the Convention relating to the Status of Refugees signed in Geneva on 28th July 1951 (Geneva Convention), according to which all conflict rules leading to the law of the persecuting state are modified by substituting habitual residence for nationality.
News
EUI Conference on Appellate Review and Rule of Law In International Trade and Investment Law
Tommorow, 20 January 2022, the Department of Law of the European University Institute organizes a Conference on Appellate Review and Rule of Law In International Trade and Investment Law. The event will take place in a hybrid format that may be attended online via zoom or offline in person at the Badia Fiesolana-Refettorio.
The organzizers characterise the purpose of the Conference as follows:
Save the Date: German Conference for Young Scholars in Private International Law 2023
Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna.
The theme of the conference will be
Deference to the foreign – empty phrase or guiding principle of private international law?
Lancaster University Law Conference: Call for Abstracts
LANCASTER UNIVERSITY LAW CONFERENCE
Lancaster University, U.K.
3rd June 2022
CONTEMPORARY CHALLENGES TO LAW AND CRIMINOLOGY
Call for Abstracts
After the grand success of our three annual international conferences in 2019, 2020 and 2021 we are happy to announce that we will be organizing this year’s annual international conference (virtual) on the broad theme ‘Contemporary Challenges to Law and Criminology’.
It is believed that law acts as a powerful tool for social change. In today’s world, most aspects of human behaviour are regulated by legal rules and principles. From policies affecting the poor to regulating economic and political agendas between powerful nations, law plays an important role in shaping the future for coming generations.