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LEX & FORUM Vol. 3/2024 – Conflict of Laws

LEX & FORUM Vol. 3/2024 – Conflict of Laws


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EDITORIAL

In an more and more globalized world—and particularly inside the framework of a unified market based on financial freedom and the free motion and institution of people and companies—worldwide gross sales have emerged as a cornerstone of the authorized and financial order. They don’t seem to be merely devices for the acquisition of belongings throughout borders; additionally they operate as a key mechanism for fostering enterprise development and enhancing competitiveness by means of the enlargement of economic exercise and consumer networks.Given their basic position, worldwide gross sales are topic to a broad and multi-layered authorized framework on the worldwide stage. This advanced regulatory panorama provides rise to a lot of interpretative and sensible challenges, notably with regard to the interplay and prioritization of overlapping authorized norms.With these concerns in thoughts, our journal hosted a web based occasion on 1 October 2025, aiming to make clear the central authorized points surrounding worldwide gross sales within the present worldwide context. The scholarly contributions introduced throughout that occasion are actually revealed on this concern, enriched with doctrinal evaluation and case regulation references, within the hope of contributing meaningfully to ongoing tutorial {and professional} discourse. It opens with a research by Professor Michael Sturner, Chair of Civil Regulation, Non-public & Procedural Worldwide Regulation and Comparative Regulation on the College of Konstanz and Choose on the Karlsruhe Court docket of Enchantment, entitled “The Proper to Restore: A New Paradigm in EU Gross sales Regulation”. Choose Dimitrios Koulaxizis contributes an article inspecting “The United Nations Conference on Contracts for the Worldwide Sale of Items (CISG) in Relation to the Rome I Regulation on the Regulation Relevant to Contractual Obligations”; Prof. Anastasios Valtoudis, Professor of Civil Regulation on the Aristotle College of Thessaloniki, addresses “Points Regarding the Preconditions for the Software of the CISG – Delimitation in Gentle of Directive 2019/771 and Articles 534 et seq. of the Greek Civil Code”; Prof. Eugenia Dacoronia, Professor of Civil Regulation on the School of Regulation of the College of Athens, gives a important reflection on “The UNIDROIT Ideas of Worldwide Business Contracts – 30 Years On: Their Significance and Comparability with the Provisions of the Greek Civil Code”. The quantity additionally consists of the contribution of Affiliate Professor of Civil Regulation on the Aristotle College of Thessaloniki Timoleon Kosmidis, who explores “Pure Fuel Provide: Nationwide Laws and Worldwide Business Apply”.The Praefatio of the problem hosts the precious reflections of Professor Silvia Marino of the College of Insubria/Italy, on the advanced concern of lis pendens and associated actions within the context of household property disputes beneath European Union Non-public Worldwide Regulation (“Lis Pendens and Associated Actions in European Union Non-public Worldwide Regulation on Household Property Points”).The case regulation part options a lot of important judicial choices. Notably, it consists of the necessary judgment of the Court docket of Justice of the European Union (CJEU), 4 October 2024, C-633/22, Actual Madrid Membership, addressing public coverage as a floor for refusing the enforcement of a overseas judgment on account of an infringement of freedom of the press (commented by R. Tsertsidou). Additionally introduced is the ruling of the German Federal Court docket of Justice (BGH), 29 November 2023, VIII ZR 7/23, which offers with the applying of home necessary guidelines even within the presence of a contractual selection of regulation, the place the contractual relationship lacks a considerable connection to a overseas authorized system (commented by N. Zaprianos). From the Greek courts, this concern consists of: Athens Court docket of First Occasion, judgment no. 3155/2022, regarding the potential for reviewing the events’ freedom to decide on the competent courtroom beneath the rule (Artwork. 281 grCC) prohibiting of abuse of rights (commented by S. Karameros); Athens Court docket of Enchantment (Single-Member), judgment no. 2435/2024, regarding the recognition of a overseas adoption judgment issued in favor of a same-sex couple (commented by M. Gerasopoulou); and Piraeus Court docket of First Occasion (Single-Member), judgments no. 3355/2023 and 11/2022, relating to the relevant regulation for the appointment of a particular guardian to provoke a paternity problem, pursuant to the 1996 Hague Conference (commented by G.-A. Georgiadis).The scientific part of this concern features a research by Affiliate Professor V. Kourtis (Aristotle College of Thessaloniki), entitled “Problems with Intertemporal Regulation in Cross-Border Upkeep Claims inside the European Space”. It additionally options the tutorial contribution of Judges P. Kapelouzos, St. Krassas, and M. Martinis, submitted within the context of the Themis Competitors 2023, beneath the title “Could I ‘guide’ my discussion board delicti? Or else: The Goal Limits of Jurisdiction Clauses in Tort Instances”. The problem concludes with the common quarterly overview of the CJEU’s case regulation protecting the interval July–September 2024, edited by A. Anthimos.Lex&Discussion board renews its scientific appointment with our readers for the subsequent, sixteenth concern, with the central subject (Focus) on “Cross-border matrimonial and registered partnership property regimes”.



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