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International Private Law

Cases week 4 - Gemaakt door Marinho Bouwland - 0803917
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0803916 HRO

on 2 June 2011

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Transcript of International Private Law

International Cases week 4 Question 2 Albert, a French national, lives in Germany
Polish company (office in Antwerp (Belgium).
What law should be applied to this contract? Step 1.
Is there a law specified in the contract between the two parties.

Step 2.
Look at the conditions of the contract and the parties involved.
-Relation of the parties: ‘Business to Business’ or ‘Consumer to Business’
-Type of Contract: ‘Sales Contract’ or ‘Employment Contract’

Step 3.
Conclude which law is applicable in the case.

In accordance with the guidelines stated in the EC regulation n0 593/2008, we can state the following:

Looking at article 3. ‘Freedom of Choice’ we can say that the parties has not chosen a law that would be applied.
Therefore we look at article 8 ‘Individual Employment Contracts’, section 2,
Here it is stated that:
“To the extent that the law applicable to the individual employment contract has not been chosen by the parties, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract. The country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.”

Thus looking at case, contract and parties we can conclude since the employee is working in Belgium (Antwerp), that the Belgium law is applicable. Private Law Question 1 Anderson, living in Spain
Bayer, a company established in Berlin (Germany).
Printing press doesn’t function properly
Anderdon wants to nullify the contract with Bayer Step 1.
Is there a law specified in the contract between the two parties.

Step 2.
Look at the conditions of the contract and the parties involved.
-Relation of the parties: ‘Business to Business’ or ‘Consumer to Business’
-Type of Contract: ‘Sales Contract’ or ‘Employment Contract’

Step 3.
Conclude which law is applicable in the case.

In accordance with the guidelines stated in the EC regulation n0 593/2008, we can state the following:

Looking at article 3. ‘Freedom of Choice’ we can say that the parties has not chosen a law that would be applied.
Therefore we look at article 4 ‘Applicable law in absence of choice’, section 1, sub a.
Here it is stated that:
“a contract for the sale of goods shall be governed by the
law of the country where the seller has his habitual residence”

Thus looking at case, contract and parties we can conclude since the seller of the goods has his habitual residence in Germany, the German law is in this case applicable. Question 5 Step 1.
Is there a law specified in the contract between the two parties.

Step 2.
Look at the conditions of the contract and the parties involved.
-Relation of the parties: ‘Business to Business’ or ‘Consumer to Business’
-Type of Contract: ‘Sales Contract’ or ‘Employment Contract’

Step 3.
Conclude which law is applicable in the case.

In accordance with the guidelines stated in the EC regulation n0 593/2008, we can state the following:

Looking at article 3. ‘Freedom of Choice’ we can say that the parties has not chosen a law that would be applied.
Therefore we look at article 6 ‘Consumer Contracts’, section 1(a)
Here it is stated that:
“Without prejudice to Articles 5 and 7, a contract concluded by a natural person for a purpose which can be regarded as being outside his trade or profession (the consumer) with another person acting in the exercise of his trade or profession (the professional) shall be governed by the law of the country where the consumer has his habitual residence, provided that the professional’

“(a) pursues his commercial or professional activities in
the country where the consumer has his habitual residence”
.”

Thus looking at case, contract and parties we can conclude since the consumer has his habitual residence in Germany, the German law is applicable in this case.

When the sales point where mr. Martinez has bought his Christmas three from is not a part of Cole ltd. we can use article 6 ‘Consumer Contracts’, section 1(b)
Here is stated that:
“by any means, directs such activities to that country
or to several countries including that country”

Thus looking at the case, contract and parties we can conclude since the consumer has his habitual residence in Germany, and the selling company has placed a Germany ad, the German law is applicable. Henry McGuinness, a Scottish national, lives in Holland.
He is hired by a French company established in Paris (France),
The French company wants to nullify the employment contract.

What law should be applied to this contract? Question 3 At a market square in Hamburg (Germany), mr. Martinez, buys a christmas tree.
Cole Ltd., a company established in the United Kingdom. They had put an add in a German newspaper.
Marinez wants to sue Cole Ltd,.

What law should be applied to this contract? Step 1.
Is there a law specified in the contract between the two parties.

Step 2.
Look at the conditions of the contract and the parties involved.
-Relation of the parties: ‘Business to Business’ or ‘Consumer to Business’
-Type of Contract: ‘Sales Contract’ or ‘Employment Contract’

Step 3.
Conclude which law is applicable in the case.

In accordance with the guidelines stated in the EC regulation n0 593/2008, we can state the following:

Looking at article 3. ‘Freedom of Choice’ we can say that the parties has not chosen a law that would be applied.
Therefore we look at article 8 ‘Individual Employment Contracts’, section 4,
Here it is stated that:
“Where it appears from the circumstances as a whole that the contract is more closely connected with a country other than that indicated in paragraphs 2 or 3,
the law of that other country shall apply.”

Thus looking at case, contract and parties we can conclude since the employee is closely connected to France, because the company is established there.
So in this case the France law must be applied. Yes this is possible. The verdict of the court of law is recognized within all member states of the European Community this would include Germany Ending employee contracts.. The other end of the spectrum James Jackson, living in Greece
Svensson, a company established in Stockholm (Sweden).
James Jackson wants to sue Svensson to nullify the contract.


What law should be applied to this contract? Question 4 Step 1.
Is there a law specified in the contract between the two parties.

Step 2.
Look at the conditions of the contract and the parties involved.
- Relation of the parties: ‘Business to Business’ or ‘Consumer to Business’
- Type of Contract: ‘Sales Contract’ or ‘Employment Contract’

Step 3.
Conclude which law is applicable in the case.

In accordance with the guidelines stated in the EC regulation n0 593/2008, we can state the following:

Looking at article 3. ‘Freedom of Choice’ we can say that the parties has not chosen a law that would be applied.
Therefore we look at article 4 ‘Applicable law in absence of choice’, section 1, sub a.
Here it is stated that:
“a contract for the sale of goods shall be governed by the
law of the country where the seller has his habitual residence”

Thus looking at case, contract and parties we can conclude since the seller of the goods has his habitual residence in Sweden, the Sweden law is in this case applicable. Question 5 A buyer from Belgium and a seller from Holland are involved in a conflict about the execution of their sales contract

What law should be applied to this contract? Step 1.
Is there a law specified in the contract between the two parties.

Step 2.
Look at the conditions of the contract and the parties involved.
- Relation of the parties: ‘Business to Business’ or ‘Consumer to Business’
- Type of Contract: ‘Sales Contract’ or ‘Employment Contract’

Step 3.
Conclude which law is applicable in the case.

In accordance with the guidelines stated in the EC regulation n0 593/2008, we can state the following:

Looking at article 3. ‘Freedom of Choice’ we can say that the parties has not chosen a law that would be applied.
Therefore we look at article 4 ‘Applicable law in absence of choice’, section 1, sub a.
Here it is stated that:
“a contract for the sale of goods shall be governed by the
law of the country where the seller has his habitual residence”

Thus looking at case, contract and parties we can conclude since the seller of the goods has his habitual residence in Holland, the Dutch law is in this case applicable. http://news.bbc.co.uk/2/hi/europe/8021630.stm
Full transcript