Private International Law

Question 1

private international law

Answer 1

the body of law that solves questions that arise in transnational situations by reducing these to determining which country is most closely connected to the case

Question 2

types od private IL

Answer 2

Formal- rules on jurisdiction and rules on recognition and enforcement
Material- conflict of laws

Question 3

Competence of private IL- court

Answer 3

the Brussels I Regulation:
- Art 4(1)- general rule- a defendant should be sued where they are domiciled
- Art 7(2)- tort- in the courts where the harmful event happened
- Art 63- domicile for companies- where it has:
statutory seat,
central administration or
principal place of business

Question 4

Conflict of law- which law applies

Answer 4

Rome II Regulation- tort
- Art 4- general rule- the law of the country in which the damage occurred
- Art 5- product liability- the law of the country in which:
a. the person sustaining the damage resides when the damage occurred, if the product was marketed there’ or failing that
b. the product was acquired, if it was marketed there, or failing that
c. the damage occurred, if the product was marketed there
- Art 23- habitual residence- companies- central administration- agency- where it is located; natural persons- principal place of business

Question 5

Forum shopping

Answer 5

the plaintiff approaches the court that is known to decide in the most favourable way for the plaintiff

Question 6

corporations’ liability

Answer 6

3 ways in which it occurs:
-actions by the board
- negligence liability of the directors and managers- Vendata case
-organisational negligence- not organising its business appropriately