Proceeds of Sale Where a foreign immovable is sold, the rights of the persons entitled to the proceeds do not cease merely because the proceeds have been brought into the jurisdiction. The law of the place continues to apply to the proceeds of sale and debts to be paid out of them in accordance with the priorities recognised by that law. A trust declared over […]
Movables Conflict of laws distinguish between movable and immovable property. Generally, immovable property is governed by the law of the place where it is situated. This determines such matters as the nature of the property rights and their transfer and inheritance. There is a distinction between tangible and intangible movables. The former are physical objects, and the latter are in the nature of claims that […]
Immovables Conflict of laws distinguish between movable and immovable property. Generally, immovable property is governed by the law of the place where it is situated. This determines such matters as the nature of the property rights and their transfer and inheritance. A distinction is made between moveable and immovable property. Moveable property generally includes any rights to land or buildings. How the classification works will […]
EU Regulation The EU Regulation on Succession Law, known as Brussels IV, became law in August 2015. It provides a uniform system of recognition of succession laws based primarily on the deceased’s habitual residence. No distinction is made between movable assets and immovable assets. The Regulation governs the conflict of law rules for succession, both testate and intestate, between EU States who are bound by […]
Protective Measures A 2013 Regulation provides for the mutual recognition of protective measures in civil matters in order to protect victims’ rights. The aim is to ensure without going through time-consuming procedures, the victims of, for example, domestic violence or persons whose physical or psychological integrity or liberty is at risk, who have the benefit of protection measures in one state are afforded the same […]
The Rome Regulation replaced the Rome Convention in 2009. The Rome Convention has replaced common law rules on choice of law in 1988. It applies to matters within its scope even if the contracts have no association with the EU. The Regulation and Convention are matters of European Union law and the approach taken by EU law to interpretation is different to that at common […]
Overview The Rome Convention and Rome Regulations apply to most contracts. Different rules may apply to different aspects of the contract. Generally, the existence and validity of a contract are decided by the laws which would govern it if it is valid. This can be complicated where there is a choice of law clause. Once the applicable law is determined under the Convention, there are […]
Extent of Applicable Law The general position is that all issues arising under the contract are governed by the applicable law except where otherwise provided under the Convention, such as in the case of material validity and incapacity. Issues of interpretation of the contract are governed in accordance with the law chosen or the law applicable under the Convention when none is chosen. It is […]
Choice of Contract The Rome Convention and Rome I Regulation relate to the law applicable to a contract. The basic principle is that the choice of law expressed by the parties is respected. If it is not expressed, the Convention defines the applicable law. The Convention applies the domestic law of the jurisdiction chosen. It does not apply its conflict of laws rules. The concept […]
Overview Conflicts of law issues may arise where a civil wrong is committed in one jurisdiction, but injury results in another. There is a wide range of civil wrongs ranging from nuisance, defamation and trespass, where liability may be strict, to negligence and to torts requiring intent or recklessness such as fraudulent misrepresentation. Conflict issues may arise in relation to the broad range of liability […]
Domestic Rule Apply Courts apply their own procedural and evidence rules. This includes rules relating to the course of court proceedings and methods of execution. Courts may apply the foreign substantive law of another jurisdiction. However, they will apply their own procedural rules. The principle that the domestic law applies procedural matters, is a practical necessity. Although a court may hear of evidence of foreign […]
Overview There are two broad categories of restitution. In one type of case, the defendant’s claim is based solely on the defendant being unjustly enriched. In other types of case, the claim is is based on unfair enrichment due to a wrong analaogous to a breach of contract or tort. There are different conflicts of law rules depending on the type of interest concerned. Where […]
European Union Rules European Union law requires every EU State to recognise and enforce the court orders of courts of other member States. This means that Irish court orders can be enforced against assets, property and persons in other EU states and that equally court orders issued by EU courts can be enforced in Ireland. A Court in one state will not generally reopen another […]