Search results for "International jurisdiction"

showing 2 items of 2 documents

The Puzzle of the New European COMI Rules: Rethinking COMI in the Age of Multinational, Digital and Glocal Enterprises

2019

EU Regulation 2015/848 (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI) both to make it easier to determine international jurisdiction and to prevent a debtor from fraudulently relocating his/her/its COMI from one Member State to another. However, the terms of the litigation concerning the NIKI case and an in-depth analysis of the Recast demonstrate that this operation has been unsuccessful. This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that th…

European Union lawInsolvencyEU Regulation 2015/848 (Recast)JurisdictionGlocalizationInternational jurisdictionSettore IUS/04 - Diritto CommercialeDebtorCOMI ·Multinational group of companieTeleologyMultinational corporationPolitical Science and International RelationsMember stateNIKI case.BusinessDigital enterpriseBusiness and International ManagementLawLaw and economicsEuropean Business Organization Law Review
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Party autonomy regarding jurisdiction under the property regimes regulations

2021

The main accomplishment of the Property Regimes Regulations lies in their bringing more coherence into the cross-border family law adjudication. In the field of international jurisdiction, they strive to align the competence in couples? patrimony disputes to that in succession and in separation proceedings, or else to align the competence of the courts to the applicable law. These tendencies are clearly visible in the Regulations? provisions on choice of court agreements. Namely, the Regulations allow for such agreements, but severely limit parties? choice and the possible effects of these clauses. When succession or separation proceedings are pending, it is often only possible to institute…

party autonomy.registered couples? propertyit is often only possible to institute patrimonial disputes at the same court as the said proceedings. When proceedings concerning matrimonial or registered partners? property are initiated without previously pending succession or divorce proceedingshoweveror else to align the competence of the courts to the applicable law. These tendencies are clearly visible in the Regulations? provisions on choice of court agreements. Namelyanalogy with other EU regulations and the CJEU case-law can be of help. The critical eye of the doctrine isrégimen económico-matrimonialRegulation 1104/2016mainly cast on the unpredictable fate of the choice of court agreements under the Regulations. The paper analyses the complex regulation of the choice-ofcourt agreements in the Property Regimes Regulationsautonomía de parte. 274 291draws attention to open questions and provides possible answers. Choice-of-court agreementjurisdictionmatrimonial propertybut severely limit parties? choice and the possible effects of these clauses. When succession or separation proceedings are pendingthey strive to align the competence in couples? patrimony disputes to that in succession and in separation proceedings:CIENCIAS JURÍDICAS [UNESCO]parties can avail themselves of a fairly limited list of options to choose a court from. The Regulations leave several questions regarding choice of court agreements unanswered. Oftenjurisdicciónthe Regulations allow for such agreementsAcuerdo de elección del fororégimen de parejas registradasor else when the necessary consent to the joinder is not given2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113562 Party autonomy regarding jurisdiction under the property regimes regulations Kramberger ?kerlJerca The main accomplishment of the Property Regimes Regulations lies in their bringing more coherence into the cross-border family law adjudication. In the field of international jurisdictionReglamento 1103/2016UNESCO::CIENCIAS JURÍDICASRegulation 1103/2016Reglamento 1104/2016
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