460 research outputs found
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Jurisdiction and Applicable Law to Claims Related to the Payment of Contributions to the Budget of an Association of Property Owners for the Maintenance of the Communal Areas of a Building
This comment on the judgment C-25/18 analyses the characterisation of the outstanding amounts payable by the owners of an apartment to the manager of the association of owners of the building in concept of maintenance costs of communal areas. The Court of Justice of the European Union identifies the court having jurisdiction according to Article 7(1)(a) (matters related to contract) of the Brussels I Recast Regulation and the applicable law according to Articles 4(1)(b) (provision of services). However, Article 4(1)(c) (rights in rem in immovable property) of the Rome I Regulation is not applicable
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Jurisdiction and Applicable Law to Contracts for the Sale of Goods and the Provision of Services including the Carriage of Goods by Sea and other Means of Transport in the European Union
The article analyses the jurisdiction and applicable law to contracts for the sale of godos and the provision of services in the European Union. It particularly focuses on contracts that subsume different categories of contracts, such as the carriage of goods by sea, in a contract for the sale of godos and the provision of services. The European Union law and the interpretation provided by the Court of Justice of the European Union shed light into the place of performance of the contract in order to set jurisdiction for national courts. This is explained through the current legal framework and the case law in order to ascertain where and under what legal regime the claimant may start proceedings for the breach of a contractual obligation or in case of a non-contractual claim
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Limitations on Jurisdiction and Arbitration Agreements Based on Applicable Law and the Identity of the Carrier in Cargo Claim Disputes
The article demonstrates through an analysis of the limitations on choice of forum or arbitration agreements following the invalidity of a choice of law clause included in a charter party and/or a bill of lading (B/L). It is equally difficult enforcing a jurisdiction or arbitration clause included in a B/L if the parties are not clearly defined in the contract for the carrige of goods by sea. The article delivers some conclusions and suggests the approach to be taken by maritime contracting parties to overcome any feasible invalidity of a choice of forum or arbitration agreement based on the choice of law by European Member (EU) Statesâ courts
Induced defect nucleation and side-band instabilities in hexagons with rotation and mean flow
The combined effect of mean flow and rotation on hexagonal patterns is
investigated using Ginzburg-Landau equations that include nonlinear gradient
terms as well as the nonlocal coupling provided by the mean flow. Long-wave and
short-wave side-band instabilities are determined. Due to the nonlinear
gradient terms and enhanced by the mean flow, the penta-hepta defects can
become unstable to the induced nucleation of dislocations in the defect-free
amplitude, which can lead to the proliferation of penta-hepta defects and
persistent spatio-temporal chaos. For individual penta-hepta defects the
nonlinear gradient terms enhance climbing or gliding motion, depending on
whether they break the chiral symmetry or not.Comment: 24 pages, 15 figures, submitted to Physica
MANAGING POLICY NETWORKS: A SOCIAL MARKETING- AND COLLECTIVE INTELLIGENCE SYSTEMS-DRIVEN VIEW
This research contributes a new view of Policy Networks (PN) management. The research object is a successful PN practice in the Basque Country (BC) over an 8-year period, in relation to Local Agenda 21 (LA21) promotion. The Basque experience is studied using a qualitative and a quantitative approach. PNs are viewed as social marketing-driven collective intelligence systems built to have an effect on municipality commitment to LA21 (in terms of value, satisfaction and loyalty). The research concludes that by fostering the co-development âgenomeâ (a mix of co-decision, co-creation, love, glory and money âgenesâ) a commitment to the new tool is achieved.
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