1,720,977 research outputs found
Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich — projekt rozporządzenia Parlamentu Europejskiego i Rady w sprawie prawa właściwego dla skutków przelewu wierzytelności wobec osób trzecich (COM(2018) 96 final)
Get PDFThe question of which law should govern the third-party effects of assignments of claims was considered during the preparation of the Rome I Regulation. The European Commission’s proposal for the Rome I Regulation admitted the law of the assignor’s habitual residence as the law that should apply to the proprietary effects of assignments of claims. Finally, EU Regulation on the law applicable to contractual obligations did not include the issue of the third-party effects of the assignment. However, Article 27(2) of the Rome I Regulation required the European Commission to present a report on the question of the effectiveness of assignments of claims against third parties accompanied, if appropriate, by a proposal to amend the Rome I Regulation. Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final) is a response to this request.
This paper analyses current draft of the new EU Regulation, the rules on determination of the third-party effects of assignments of claims (law of the assignor’s habitual residence and law of the assigned claim) and "super conflict rules" in specific cases. The author argues that the law of the assignor’s habitual residence remains the appropriate conflict rule for proprietary effects of assignments of claims.The question of which law should govern the third-party effects of assignments of claims was considered during the preparation of the Rome I Regulation. The European Commission’s proposal for the Rome I Regulation admitted the law of the assignor’s habitual residence as the law that should apply to the proprietary effects of assignments of claims. Finally, EU Regulation on the law applicable to contractual obligations did not include the issue of the third-party effects of the assignment. However, Article 27(2) of the Rome I Regulation required the European Commission to present a report on the question of the effectiveness of assignments of claims against third parties accompanied, if appropriate, by a proposal to amend the Rome I Regulation. Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final) is a response to this request.
This paper analyses current draft of the new EU Regulation, the rules on determination of the third-party effects of assignments of claims (law of the assignor’s habitual residence and law of the assigned claim) and "super conflict rules" in specific cases. The author argues that the law of the assignor’s habitual residence remains the appropriate conflict rule for proprietary effects of assignments of claims
Prawo właściwe dla przelewu wierzytelności. Glosa do wyroku Sądu Najwyższego z dnia 19 grudnia 2003 r. (III CK 80/02)
Get PDFThe article analyzes the judgment of the Supreme Court of December 19, 2003, regarding the law applicable to the assignment of claims. In Polish law, there are no conflict-of-laws provisions directly relating to the assignment of claims. In the discussed judgment, the Supreme Court held that Article 25 § 1 of the Private International Law Act does not authorize the choice of law for the assignment of claims. According to the Supreme Court, the assignment of claims is subject to the law applicable to that claim. This position is consistent with the dominant view in the doctrine and jurisprudence. The author of the article also discusses the regulations contained in the Rome Convention, in which the interpretation of the provisions on the assignment of claims raises controversy.Artykuł analizuje wyrok Sądu Najwyższego z 19 grudnia 2003 r. dotyczący prawa właściwego dla przelewu wierzytelności. W polskim prawie brak jest przepisów kolizyjnych odnoszących się wprost do przelewu wierzytelności. Sąd Najwyższy w omawianym wyroku uznał, że art. 25 § 1 ustawy Prawo prywatne międzynarodowe nie uprawnia do wyboru prawa dla przelewu wierzytelności. Zdaniem Sądu Najwyższego, przelew wierzytelności podlega prawu właściwemu dla tej wierzytelności. Stanowisko to jest zgodne z dominującym poglądem w doktrynie i orzecznictwie. Autor artykułu omawia również regulacje zawarte w konwencji rzymskiej, w której interpretacja przepisów dotyczących przelewu wierzytelności budzi kontrowersje
Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich – project rozporządzenia Parlamentu Europejskiego i Rady w sprawie prawa właściwego dla skutków przelewu wierzytelności wobec osób trzecich (COM(2018) 96 final)
Get PDFThe question of which law should govern the third-party effects of assignments
of claims was considered during the preparation of the Rome I Regulation. The European
Commission’s proposal for the Rome I Regulation admitted the law of the assignor’s habitual
residence as the law that should apply to the proprietary effects of assignments of
claims. Finally, EU Regulation on the law applicable to contractual obligations did not
include the issue of the third-party effects of the assignment. However, Article 27(2) of
the Rome I Regulation required the European Commission to present a report on the
question of the effectiveness of assignments of claims against third parties accompanied,
if appropriate, by a proposal to amend the Rome I Regulation. Proposal for a Regulation
on the law applicable to the third-party effects of assignments of claims (COM(2018) 96
final) is a response to this request.
This paper analyses current draft of the new EU Regulation, the rules on determination
of the third-party effects of assignments of claims (law of the assignor’s habitual
residence and law of the assigned claim) and „super conflict rules” in specific cases. The
author argues that the law of the assignor’s habitual residence remains the appropriate
conflict rule for proprietary effects of assignments of claims
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 12 lutego 2015 r. w sprawie Sähköalojen ammattiliitto ry c/a Elektrobudowa Spółka Akcyjna (C‑396/13)
Get PDFThis paper aims to comment an important ruling concerning the Posted
Workers Directive (Directive 96/71/EC). In the judgement C-396/13 (Sähköalojen ammattiliitto
ry v. Elektrobudowa Spółka Akcyjna), the European Court of Justice provided
its pro-worker’s interpretation of Art 3 of Directive 96/71/EC concerning the scope of the
„minimum pay rate”. The second issue raised by the European Court of Justice was the
assignability of pay claims governed by Polish law based on Art 14 (2) of Rome I Regulation
and prohibited under that law. In commented judgement, the Court admitted the
assignment of claims arising from employment relationships in light of article 47 of the
Charter of Fundamental Rights of the European Union and accepted the trade union’s
right to represent the posted workers
The conflict of laws issues concerning the third party effects of the assignments of claims. The gloss to the judgment of the Court of Justice of the European Union of 9 October 2019 in the case of BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18)
No full textThe question of the law applicable to the third-party effects of assignments of claims is widely discussed in the doctrinal debates. In common opinion, the existing European conflict-of-laws regulations do not provide for a rule governing this issue. In the case BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18), the Court of Justice of the European Union confirmed this gape of the Rome I Regulation.The gloss presents the justification of the European Union Court’s judgment, the reasons for the lack of the uniform conflict-of-laws regulation, and the consequences of this state. It also analyses briefly the European Commission’s proposal for the EU Regulation concerning the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final), as a response to this situation. Finally, it examines the appropriate conflict-of-laws rules for proprietary effects of assignments of claims (the law of the assignor’s habitual residence and the law of the assigned claim)
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