The final problem of RabelsZ 2024 has simply been launched. It comprises the next contributions (that are all out there Open Entry: CC BY 4.0):
Holger Fleischer & Simon Horn, Unternehmensskandale und skandalgetriebene Regulierung: Die Stavisky-Affäre als Prüfstein (Company Scandals and Scandal-Pushed Regulation: The Stavisky Affair as Touchstone), pp. 648–693, https://doi.org/10.1628/rabelsz-2024-0062
This text is a gap contribution to a brand new analysis program on company scandals and their authorized remedy all over the world. Along with addressing civil and felony sanctions, the primary focus lies on the widespread however under-researched phenomenon of scandal-driven reform laws. Chosen case research from the previous and the current will assist to create a greater image of the connections between enterprise scandals and authorized regulation. A primary touchstone for such systematic comparative scandal-based analysis is present in early Nineteen Thirties France with the Stavisky affair – a case that not solely saved the enterprise and monetary world in suspense, however one which additionally shook the political foundations of the Third Republic.
Chukwuma Samuel Adesina Okoli & Richard Frimpong Oppong, Enhancing the Draft African Rules on the Legislation Relevant to Worldwide Business Contracts – Improvements for the African Context, pp. 694–733, https://doi.org/10.1628/rabelsz-2024-0050
This text examines the draft African Rules on the Legislation Relevant to Worldwide Business Contracts, evaluating present and proposed alternative of legislation guidelines in quite a few African nations and incorporating international comparative views. It argues that the African Rules mustn’t solely largely echo regional/supranational and worldwide devices just like the Rome I Regulation and the Hague Rules on the Legislation Relevant to Business Contracts however ought to innovate to deal with the particular wants of the African context. The article suggests reforms in a number of areas: the scope of the African Rules, safety of weaker events reminiscent of shoppers and staff, authorities contracts, non-state legislation, and in provisions for the legislation relevant within the absence of alternative.
Béligh Elbalti, The Relevant Legislation in Succession Issues within the MENA Arab Jurisdictions – Particular Give attention to Interfaith Successions and Distinction of Faith as an Obstacle to Inheritance, pp. 734–759, https://doi.org/10.1628/rabelsz-2024-0057
This text examines the query of the legislation relevant in cross-border successions within the MENA Arab area, with a specific deal with the problem of interfaith succession. It reveals that the non-public worldwide legislation remedy of succession issues relies upon largely on derogative components, specifically the involvement of Islam as the faith of one of many events. In circumstances the place all of the events are international non-Muslims, the battle of legal guidelines method is often noticed, and the international legislation is utilized. Nevertheless, if one of many events is a Muslim, nationality because the connecting issue is successfully supplanted by the faith of the events, and the lex fori is utilized. Not like the standard perspective, which usually examines this method via the lens of public coverage, this text argues that the observe, of substituting the lex fori for the ordinarily relevant legislation in disputes involving Muslims, is predicated on an »unwritten precept of personal worldwide legislation« that successfully designates the Islamic faith as a de facto connecting issue below the quilt of public coverage.
Martin Lutschounig, Eingeschränkte Anwendung des lex fori-Prinzips bei internationalen Verkehrsunfällen (Restricted Utility of the lex fori Precept for Cross-border Visitors Accidents), pp. 760–786, https://doi.org/10.1628/rabelsz-2024-0061
Based on the precept of discussion board regit processum, a court docket deciding a dispute applies its personal nationwide procedural legislation even in circumstances that are substantively ruled by international legislation. It’s subsequently essential how the person authorized query is categorized, particularly whether or not it’s categorised as substantive or procedural. Based on the prevailing opinion, this resolution is made making use of the lex fori. The scenario is completely different, nonetheless, below the Rome II Regulation, as additionally the scope of the relevant legislation (lex causae) is topic to an autonomous interpretation. The article argues that the query of whether or not a international rule is to be categorised as procedural or substantive is, subsequently, not a query of nationwide however of autonomous European legislation. A classification in accordance with the lex fori would, against this, bear the hazard of resulting in completely different scopes of utility of the lex causae relying on the place of jurisdiction. These issues are illustrated as regards to visitors accident circumstances during which a litigant seeks restoration of a supplementary declare, such because the pretrial prices of an skilled opinion, an out-of-court settlement, or lump-sum prices.
As at all times, this problem additionally comprises a number of opinions of literature within the fields of personal worldwide legislation, worldwide civil process and comparative legislation (pp. 787–828). The difficulty closes with an index overlaying all contributions of the yr 2024 (pp. 829–854).
