Encyclopedia > Hague Conference on Private International Law
The Hague Conference on Private International Law (or HCCH, for Hague Conference/Conférence de la Haye) is the preeminent organisation in the area of private international law. Image File history File links Scale_of_justice_2. ...
Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ...
In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ...
In the Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. ...
In Conflict of Laws, renvoi (from the French, meaning send back) is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state. ...
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. ...
The choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally. ...
Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...
For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ...
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In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the lex fori, i. ...
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The lex causae is the Latin term for law of the case in the Conflict of Laws. ...
Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ...
Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ...
The principle of lis alibi pendens applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments. ...
In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ...
The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ...
In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ...
In English usage, nationality is the legal relationship between a person and a country. ...
The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which...
The lex loci arbitri is the Latin term for law of the place where arbitration is to take place in the Conflict of Laws. ...
The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ...
The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. ...
The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ...
lex loci actus law of the place where the act occured that gave rise to the legal claim. ...
The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ...
The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ...
The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ...
A choice of law clause in a contract is one whereby the parties to that contract specify which law (i. ...
In law, dépeçage refers to the concept in the conflict of laws whereby different issues within a particular case may be governed by the laws of different states. ...
A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ...
The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ...
In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ...
In Conflict of Laws, the choice of law rule for tort is the proper law. ...
In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ...
In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ...
In modern society, the role of marriage and its termination through divorce have become political issues. ...
For the religious process, see Get (divorce document) A get or gett (גט) is the Jewish form of divorce which, when one is available in the state of residence, is supervised by a Beth Din (בית דין), a rabbinical court. ...
In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ...
In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. ...
In the Conflict of Laws, the subject of succession deals with all procedural matters relevant to estates containing a foreign element whether that element consists of the identity of the deceased, those who may inherit or the location of property. ...
In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered into force 1 January 1992. ...
In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ...
The Mareva injunction (variously known also as a freezing order or Mareva order), in Commonwealth jurisdictions, is a court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment. ...
In the area of conflict of law, anti-suit injunction is a court order that prevents an opposing party from commencing or continuing a proceeding in a foreign jurisdiction. ...
Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ...
Since its formation in 1893, the purpose of HCCH has been to "work for the progressive unification of the rules of private international law". It has pursued this goal by creating and assisting in the implementation of multilateral conventions promoting the harmonisation of conflict of laws principles in diverse subject matters within private international law. Sixty-five nations are currently members of the Hague Conference, including China, Russia, the United States, and all member states of the European Union. Year 1893 (MDCCCXCIII) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 12-day slower Julian calendar). ...
Multilateralism is an international relations term that refers to multiple countries working in concert. ...
The first two pages of the Treaty of Brest-Litovsk, in (left to right) German, Hungarian, Bulgarian, Ottoman Turkish and Russian A treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. ...
In international law, harmonisation refers to the process by which different states adopt the same laws. ...
Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ...
Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ...
Recent developments
The 20th Diplomatic Session of the Conference, held from 14 to 28 June 2005, saw two major developments. (Redirected from 14 June) June 14 is the 165th day of the year in the Gregorian calendar (166th in leap years), with 200 days remaining. ...
is the 179th day of the year (180th in leap years) in the Gregorian calendar. ...
Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...
First, the statute of the Conference was amended (for the first time in over 50 years) to expand the possibility of membership to Regional Economic Integration Organisations such as the European Union. Second, the Conference concluded and opened for ratification the Hague Convention on Choice of Court Agreements, a project which had been in negotiation for nearly 15 years. States applying this instrument agree to recognize and enforce decisions reached by courts of another signatory State if the dispute was governed by a valid choice of court agreement concluded between the parties to the dispute. Ratification is the act of giving official sanction to a formal document such as a treaty or constitution. ...
Legal instrument is a legal term of art that is used for any written legal document such as a certificate, a deed, a will, an Act of Parliament or a law passed by a competent legislative body in municipal (domestic) or international law. ...
John Hancocks signature is the most prominent on the United States Declaration of Independence. ...
Work-in-Progress -- The Hague Securities Convention In July 2006 Switzerland and the United States jointly signed the Hague Securities Convention, providing legal certainty to modern forms of holding and transferring securities. This marked an important step in the development of the new legal infrastructure needed to match modern systems for the holding, transfer, and pledge of securities. Early elections in November are announced in the Netherlands. ...
The Hague Securities Convention, often known as the PRIMA Convention, is an international multilateral treaty intended to remove, at a global scale, legal uncertainties for cross-border securities transactions. ...
Securities are tradeable interests representing financial value. ...
Pledge is a verb, meaning to promise solemnly, and a noun, meaning the promise or its maker or its object. ...
The vast quantity of securities are nowadays held, transferred, and pledged by electronic entries to accounts with clearing and settlement systems and other intermediaries, rather than directly in physical form or directly by issuers. The global financial market, which for the OECD countries alone has a volume of more than $2 billion US a day, is in need of a legal regime that deals effectively with this new reality. There is broad agreement in the financial world that the traditional legal rules, based on physical transfers and direct holdings, are too diverse, out-dated, and inadequate. The result is legal uncertainty, increased risk, and higher costs for global clearing and settlement, with repercussions at all levels of the global financial market. The Organization for Economic Co-operation and Development (OECD) is an international organization of those developed countries that accept the principles of representative democracy and a free market economy. ...
One thousand million (1,000,000,000) is the natural number following 999,999,999 and preceding 1,000,000,001. ...
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The Hague Securities Convention ensures that there is a clear and certain answer to questions such as which law governs the determination of the legal nature of the rights resulting from a credit of securities to a securities account, the steps required for a transfer or pledge of securities to such accounts to be enforceable among the parties and third parties, and the steps required to realise a pledge of securities credited to such accounts. Debit and Credit are formal bookkeeping and accounting terms that have opposite meanings and come from Latin. ...
The European Commission at the same time concluded that "adoption of the Convention would be in the best interest of the Community" and recommended that the Convention "be signed after or with at least two of its main trading partners, the USA included." [1] Berlaymont, the Commissions seat The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. ...
Members The European Community (EC) was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ...
This article is about the country in Europe. ...
South Korea, officially the Republic of Korea (ROK; Korean: Daehan Minguk (Hangul: 대한 민국; Hanja: 大韓民國)), is a country in East Asia, covering the southern half of the Korean Peninsula. ...
Motto: none Anthem: Hymn of the Russian Federation Capital Moscow Largest city Moscow Official language(s) Russian Government Semi-presidential Federal republic - President of Russia Vladimir Putin - Prime Minister Mikhail Fradkov Independence From the Soviet Union - Declared June 12, 1991 - Finalized December 25, 1991 Area - Total 17,075,400 km...
Not to be confused with Republika Srpska. ...
For an explanation of terms related to Macedonia, see Macedonia (terminology). ...
The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and member of the Commonwealth of Nations, the G8, the European Union, and NATO. Usually known simply as the United Kingdom, the UK, or (inaccurately) as Great Britain or Britain, the UK has four constituent...
Motto: (traditional) In God We Trust (official, 1956–present) Anthem: The Star-Spangled Banner Capital Washington, D.C. Largest city New York City Official language(s) None at the federal level; English de facto Government Federal Republic - President George W. Bush (R) - Vice President Dick Cheney (R) Independence - Declared - Recognized...
The Permanent Bureau Located in a nice old mansion on Scheveningseweg near the Peace Palace, the Permanent Bureau is the Conference's secretariat. The Peace Palace in The Hague, Netherlands The Peace Palace (Vredespaleis in Dutch), situated in The Hague, Netherlands, is often called the seat of international law because it houses the International Court of Justice (which is the principal judicial body of the United Nations), the Permanent Court of Arbitration, the...
Composition of the Permanent Bureau:
Secretary General
Mr J.H.A. (Hans) van Loon
Attaché to the Secretary General
Ms Frederike Stikkelbroeck
Deputy Secretary General
Mr William Duncan
First Secretaries
Mr Christophe Bernasconi
Mr Philippe Lortie
Secretary at the Permanent Bureau
Ms Marta Pertegás
Principal Legal Officer
Ms Jennifer Degeling
Senior Legal Officer
Ms Marion Ely
Legal Officers
Ms Mayela Celis
Ms Ivana Radic
Ms Sandrine Alexandre
Ms Juliane Hirsch
Ms Laurence Marquis
Ms Eimear Long
Liaison Legal Officer for Latin America
Mr Ignacio Goicoechea
Adoption Programme Co-ordinator
Ms Laura Martinez-Mora
Senior Administrator
Ms Céline Chateau
Website Manager
Ms Gerda Boerman
Financial Officer
Ms Karin Himpens
Administrative Assistants
Ms Christine Bosman Delzons (Administrative Assistant to the Secretary General)
Ms Willy de Zoete (Administrative Assistant to the Deputy Secretary General)
Ms Laura Molenaar
Ms Mathilde Waszink
Ms Hélène Guérin
Ms Sophie Molina (Administrative Assistant for the Adoption Programme)
Revisers / Editors
Ms Sarah Adam
Ms Christelle Gavard
Spanish-speaking Translator / Reviser
Ms Lucía Castrillón Díaz
Information Management Assistant
Ms Marie-Charlotte Darbas
General Service Officer
Mr Willem van der Endt
See also This is a list of Conventions signed at The Hague by member states of the Hague Conference on Private International Law. ...
The Place of the Relevant Intermediary Approach, or PRIMA, is a conflict of laws rule applied to the proprietary aspects of security transactions, especially collateral transactions. ...
External links - Hague Conference on Private International Law - official website
- - The Members of the Hague Conference on Private International Law
- INCADAT: the International Child Abduction Database - official website
- Why the Hague Convention on jurisdiction threatens to strangle e-commerce and Internet free speech, by Chris Sprigman
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