Search result: 281 articles

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András Osztovits
Judge at the Civil Department, Curia of Hungary, former Judicial Advisor in European law.

Tamás Wetzel
Deputy secretary of state responsible for Hungarians living abroad.

Kinga Debisso
Lecturer, Péter Pázmány Catholic University, Faculty of Law; Legal adviser to the Hungarian Ombudsman for Future Generations.

Tamas Dezso Ziegler
Research fellow, Hungarian Academy of Sciences – Institute for Legal Studies of the Centre for Social Sciences.
Article

The Effectiveness of the Principle of Equal Pay in Hungarian Judicial Practice

With Special Attention to the New Directions of European Legal Practice

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2014
Authors Márton Leó Zaccaria
Author's information

Márton Leó Zaccaria
Assistant Lecturer, University of Debrecen, Faculty of Law.

Sándor Szemesi
Associate Professor, University of Debrecen, Faculty of Law.

Gábor Kártyás
Adjunct professor, Péter Pázmány Catholic University, Faculty of Law.

Dinah Shelton
Manatt/Ahn Professor of International Law, George Washington University Law School; former President of the Inter-American Commission on Human Rights.

Judit Tóth
Associate professor, University of Szeged.

Barnabás Hajas
Adjunc professor, Péter Pázmány Catholic University; Deputy Head of Department, Ministry of Justice.

Péter Kovács
Judge of the Constitutional Court of Hungary; Head of Department, Péter Pázmány Catholic University, Faculty of Law.

Szigeti Borbála
European Commission Directorate-General Home Affairs, Unit 02 – International Affairs.
Article

Access_open Samenlevingsovereenkomsten in de notariële praktijk

Journal Family & Law, November 2014
Authors Petra Kuik, Wendy Schrama and Prof. dr. Leon Verstappen
Abstract

    In deze bijdrage worden de resultaten van een empirisch onderzoek dat in 2013 is verricht naar de inhoud van gemaakte samenlevingsovereenkomsten gepresenteerd. De beroepsgroep die zich met het maken van samenlevingsovereenkomsten bezig houdt - het notariaat - is bevraagd over deze praktijk aan de hand van een digitale vragenlijst. Daarmee is het qua opzet een verkennend onderzoek, dat een eerste beeld geeft van de notariële praktijk. In deze bijdrage worden de resultaten van een empirisch onderzoek dat in 2013 is verricht naar de inhoud van gemaakte samenlevingsovereenkomsten gepresenteerd. De beroepsgroep die zich met het maken van samenlevingsovereenkomsten bezig houdt - het notariaat - is bevraagd over deze praktijk aan de hand van een digitale vragenlijst. Daarmee is het qua opzet een verkennend onderzoek, dat een eerste beeld geeft van de notariële praktijk. De inhoud van de doorsnee samenlevingsovereenkomst verschilt aanzienlijk van die van huwelijkse voorwaarden. Bedingen waaruit vermogensrechtelijke solidariteit tussen ongehuwd samenwonenden blijkt (inkomens- of vermogensverrekening of alimentatiebedingen), komen slechts zeer beperkt voor in samenlevingsovereenkomsten, terwijl die juist in huwelijkse voorwaarden zeer frequent voorkomen. Ook op andere onderdelen verschaft dit onderzoek interessante bevindingen. Nader onderzoek is gewenst om meer inzicht te krijgen in de praktijk van het maken van samenlevingsovereenkomsten. --- In this paper, the authors present an empirical research on the content of cohabitation contracts in the Netherlands, conducted in 2013. The legal professionals who mostly deal with cohabitation contracts - the notaries - have been asked to fill in a digital questionnaire. The format of this research is exploratory, painting a first picture of legal practice on making cohabitation contracts. The content of the average cohabitation contract differs very much compared to the content of the average marriage contract. Clauses that express solidarity between cohabitants (sharing income or property values or maintenance) are rare in cohabitation contracts, whereas they are rather popular in matrimonial property contracts. Further research is necessary to gain more insight into the legal practice of making cohabitation contracts.


Petra Kuik

Wendy Schrama

Prof. dr. Leon Verstappen

    The Rome I Regulation on the law applicable to contractual obligations contains several provisions aimed explicitly at the protection of ‘weaker’ contracting parties, such as consumers and employees. However, in addition to this, the interests of weaker parties are sometimes also safeguarded through the application of ‘overriding mandatory provisions’, which are superimposed on the law applicable to the contract to protect a fundamental interest of a Member State. This article is an attempt to clarify the extent to which the concept of overriding mandatory provisions may serve as a vehicle for weaker party protection. To do this, it examines the definition and limitations of the concept and its relation to conflict of laws rules based on the protective principle. Finally, the article seeks to establish whether the doctrine of overriding mandatory provisions remains relevant in the case of harmonisation of substantive law at the EU level, for which it will differentiate between full and minimum harmonisation.


Laura Maria van Bochove Ph.D.
Assistant professor in the Department of Private International and Comparative Law at the Erasmus School of Law. The author would like to thank the reviewers for their comments.
Article

Access_open Faith and Scepticism in Private International Law: Trust, Governance, Politics, and Foreign Judgments

Journal Erasmus Law Review, Issue 3 2014
Keywords private international law, conflict of laws, foreign judgments, European Union, United States
Authors Christopher Whytock M.S., Ph.D., J.D.
AbstractAuthor's information

    In both the European Union (EU) and the United States (US), the law governing the enforcement of foreign judgments is evolving, but in different directions. EU law, especially after the elimination of exequatur by the 2012 ’Recast’ of the Brussels I Regulation, increasingly facilitates enforcement in member states of judgments of other member states’ courts, reflecting growing faith in a multilateral private international law approach to foreign judgments. In US law, on the other hand, increasingly widespread adoption of state legislation based on the 2005 Uniform Foreign-Country Money Judgments Recognition Act (2005 Act), which adds new case-specific grounds for refusing enforcement, suggests growing scepticism. In this essay, I explore possible reasons for these diverging trends. I begin with the most obvious explanation: the Brussels framework governs the effect of internal EU member state judgments within the EU, whereas the 2005 Act governs the effect of external foreign country judgments within the US. One would expect more mutual trust – and thus more faith in foreign judgment enforcement – internally than externally. But I argue that this mutual trust explanation is only partially satisfactory. I therefore sketch out two other possible explanations. One is that the different trends in EU and US law are a result of an emphasis on ’governance values’ in EU law and an emphasis on ’rights values’ in US law. Another explanation – and perhaps the most fundamental one – is that these trends are ultimately traceable to politics.


Christopher Whytock M.S., Ph.D., J.D.
Christopher Whytock is Professor of Law and Political Science at the University of California, Irvine School of Law.
Article

Access_open The Role of Private International Law in Corporate Social Responsibility

Journal Erasmus Law Review, Issue 3 2014
Keywords CSR, conflicts of law, Kiobel, Shell
Authors Geert Van Calster Ph.D.
AbstractAuthor's information

    This contribution firstly reviews developments in the EU and in the United States on corporate social responsibility and conflict of laws. It concludes with reference to some related themes, in particular on the piercing of the corporate veil and with some remarks on compliance strategy, and compliance reality, for corporations.


Geert Van Calster Ph.D.
Geert van Calster is professor at the University of Leuven and Head of Leuven Law's department of European and international law.
Article

Access_open Global Citizens and Family Relations

Journal Erasmus Law Review, Issue 3 2014
Keywords global governance, family relations, nationality, habitual residence, party autonomy
Authors Professor Yuko Nishitani Ph.D.
AbstractAuthor's information

    As globalisation progresses, cross-border movements of people are becoming dynamic and multilateral. The existence of different groups and minorities within the community renders the society multiethnic and multicultural. As individuals acquire new affiliation and belonging, the conventional conflict of laws methods may no longer be viable and should be subject to a thorough re-examination. Against this background, this paper analyses appropriate conflicts rules in international family relations to reflect an individual’s identity. Furthermore, in light of the contemporary law fragmentation, this study also analyses interactions between state law and non-state cultural, religious or customary norms.


Professor Yuko Nishitani Ph.D.
Professor at Kyushu University Faculty of Law, Japan. This work was supported by the JSPS Grants-in-Aid for Scientific Research (C) (Grant Number 26380063). The author sincerely thanks Professor Carol Lawson (Nagoya University) and Ms. Nettie Dekker for their devoted editing work.

Laura Carballo Piñeiro
Associate Professor at the Faculty of Law, University of Santiago de Compostela.

Xandra Kramer
Professor at Erasmus School of Law, Erasmus University Rotterdam, visiting scholar at Stanford Law School.
Article

Access_open Private International Law: An Appropriate Means to Regulate Transnational Employment in the European Union?

Journal Erasmus Law Review, Issue 3 2014
Keywords private international law, applicable law, overriding mandatory provisions, transnational employment relations, posting of workers
Authors Prof.dr. Aukje A.H. Ms van Hoek
AbstractAuthor's information

    The regulation of transnational employment in the European Union operates at the crossroads between private international law and internal market rules. The private international law rules are currently laid down in the Rome I Regulation. This regulation is complemented by the Posted Workers Directive, a directive based on the competences of the EU in the field of free movement of services. The current contribution first describes the rules which determine the law applicable to the employment contract under Article 8 Rome I Regulation and the way these rules are interpreted by the CJEU before critically analysing these rules and the reasoning that seems to lie behind the court’s interpretation (section 2). The law applying to the contract is, however, only of limited relevance for the protection of posted workers. This is due inter alia to the mandatory application of certain rules of the country to which the workers are posted, even if a different law governs their contract. This application of host state law is based on Article 9 Rome I Regulation in conjunction with the Posted Workers Directive. Section 3 describes the content of these rules and the – to some extent still undecided – interaction between the Rome I Regulation and the PWD. The conclusion will be that there is an uneasy match between the interests informing private international law and the interests of the internal market, which is not likely to be resolved in the near future.


Prof.dr. Aukje A.H. Ms van Hoek
Aukje van Hoek is Professor at the University of Amsterdam.
Article

A Reformulated Model of Narrative Mediation of Emerging Culture Conflict

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2014
Keywords narrative mediation, ethnic and cultural conflict, psychoanalysis of communal violence, peacekeeping
Authors Patrick J Christian
AbstractAuthor's information

    This article describes the theory and practice of narrative mediation as a primary resource in the engagement and resolution of communal cultural violence by military and development advisors operating in under-governed conflict zone. The praxis adopts the narrative therapy practice of Michael White and the narrative mediation model of Winslade & Monk to create an approach to engage rural, tribal communities caught in cycles of violence as perpetrators, victims and bystanders. Because the praxis is employed cross-culturally in sociocentric communities, I have added elements of conflict story discovery and joint mediation therapy to the existing model of deconstruction, externalization and restorying – thus creating a reformulated model. The employment of this narrative therapy and mediation approach was done through my practical field application during 20 years of violent, intra-state conflict in Sudan, Niger, Iraq and Colombia. The implications of continuing narrative mediation as a primary resource would serve to advance the larger praxis of conflict resolution in cultural and ethnic violence.


Patrick J Christian
The author, Lt Colonel, is a doctoral candidate in ethnic and cultural conflict. He is assigned to the US Department of Defense, Office of the Undersecretary of Defense for Policy. As a US Army Special Forces officer with the United States Special Operations Command, he has researched the sociological breakdown and psychological devolvement of tribes and clans in conflict for over 20 years. As part of the department’s larger engagement of ethnic and cultural conflict, he has worked with communities caught up in violence in Ecuador, Colombia, Iraq, Sudan, Ethiopia, and most recently, Niger.
Article

Culture-Sensitive Mediation: A Hybrid Model for the Israeli Bukharian Community

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2014
Keywords Community mediation, traditional communities, ethnic, conflict resolution, cultural sensitivity, Bukharian
Authors David Shimoni
AbstractAuthor's information

    Background: Attempts to practice standard (Western) mediation in a traditional ethnic community – Jewish Bukharians in Ramla, Israel – failed owing to the incompatibility of this mediation with the community’s customs and norms. Purpose: To develop a hybrid model for conflict resolution in this community and traditional communities in general, following an extensive inquiry that examined the cultural characteristics of the Bukharian community in Ramla and the preferences of its members with regard to intervention in conflicts within the group. Methodology: Mixed methods research, combining questionnaires, a focus group and three interviews. Findings: The findings provided an in-depth understanding of the Bukharian community in Ramla, its cultural characteristics and their preference when dealing with conflicts. Largely, from the sample I studied it can be suggested that the Bukharians accept power distances as something natural, that they can tolerate ambiguous situations and tend to avoid direct confrontation and expression of emotions. Most of the informants have a clear preference to turn to respected members of the community when they seek assistance in handling conflicts. These findings allowed the construction of the hybrid mediation model composed of six stages: Intake, Framework Formation, Opening Statements, Emergence of Interests, Options Generation and Agreement. This model calls for co-mediation of a traditional indigenous dignitary with a professional mediator who together conduct a tailor-made mediation. Practical implications: This unique model is most suitable for the Jewish Bukharians, but can also be used by other groups worldwide that share the same cultural characteristics of the Bukharian Jews.


David Shimoni
David Shimoni, PhD, is the director of Goshrim Mediation Center in Israel and a lecturer at the Beit Berl academic college in Israel. His email address is: david@goshrim.com.
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