By Petar Sarcevic, Paul Volken
From 2005 at the Yearbook of non-public foreign legislations is released via S.ELP in cooperation with the Swiss Institute of Comparative legislation. This English-language annual booklet presents research and data on deepest overseas legislations advancements world-wide. The Editors fee articles of tolerating value in regards to the most vital developments within the box. The Yearbook additionally devotes realization to the $64000 paintings and examine performed within the context of the Hague convention, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works integrated make the Yearbook an essential addition to the libraries of overseas legislation students and practitioners.
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Extra resources for Yearbook of Private International Law, 2000 Volume II
Example text
In view of the prohibition of review of foreign judgments as to their substance embodied in Article 29, misapplication of the relevant law should not lead to the operation of public policy or to refusal of recognition on any other ground. ’30 25 Articles 29 and 34(3). 26 Case 7/98, paragraph 36 and Case 38/98, paragraph 29. 27 Case 7/98, paragraph 37 and Case 38/98, paragraph 30. , the works cited supra, note 1. 29 Case 38/78, paragraph 33. 30 Case 38/78, paragraph 34. That was certainly not the case in the situation under consideration in this preliminary reference, where the judgment whose compatibility with the principles of free movement of goods and freedom of competition was at stake, concerned the 32 Yearbook of Private International Law, Volume 2 (2000) Public Policy in the Framework of the Brussels Convention V.
74 Decisions relating to the giving or refusal of certain types of medical treatment might be particularly controversial, as was pointed out forcefully by the Swiss delegate, Professor A. BUCHER. 75 Basically habitual residence, preceding habitual residence, nationality and, in relation to that particular property, the situation of property. See Article 15. 76 The problem here is not essentially different from that which might arise where the appointment of a representative by a judicial or administrative authority of a former habitual residence falls to be recognised.
Professor MARQUES DOS SANTOS 69 Notably Professor JÄNTERÄ-JAREBORG (Sweden). 70 Notably Mme BAUR (France) and Professor PÉREZ VERA (Spain). 71 Article 33. The article applies only to placements contemplated by ‘an authority having jurisdiction under Articles 5 to 8’. It does not apply to private arrangements made by, for example, a relative or guardian. In such cases there is no need for the provision in article 33 because there is no measure by a judicial or administrative authority which must be recognised under the Convention.