Questions tagged [choice-of-law]
20 questions
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To whom does the German 'Impressumspflicht' apply?
'Impressumspflicht' is a law in Germany forcing people running a website to publish personal information like name, address, email, telephone number and so forth. If it is a commercial website, even more information needs to be provided like tax…
user1785730
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5
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Californian resident travelling in EU - which privacy law applies?
If a Californian resident is travelling within the EU, it seems both European GDPR and Californian CCPA privacy laws will apply.
Sometimes businesses have single privacy emails, so if a deleting request is sent how is it responded to? As a CCPA…
savegoodlyfnotendorsanswerhere
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Can parties agree on arbitrary jurisdiction for a contract?
I am not a lawyer, but I'm intrigued by how, in international contracts, parties can agree to the jurisdiction under which the contract falls. My question is rather simple: can two parties agree to contract under an arbitrary jurisdiction? Even if…
Joshua Schroijen
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4
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Can a testator exercise testamentary freedom using a choice of law clause?
In British Columbia, some testators left little for some of their independent adult children, while leaving most of their assets to their other children. In many of those cases, the courts granted the wills variation claims of disgruntled…
Victor
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3
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Which state's laws apply to online defamation?
If a libelous statement is posted online, and the victim and offender are from different states, which state would be more pertinent to the defamation case? I.e. which state's defamation laws, statue of limitations, etc. are relevant? Can a lawyer…
cine
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Which state jurisdictions apply on board a US aircraft in flight?
If an aircraft is in flight in the airspace above a US state, say Texas, does Texas state law, or potentially the laws of any other US states, apply to the passengers on board during that time, or is it solely US federal law that applies?
Does the…
DuraLexSedLex
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Jurisdictional Question
Imagine that something is legal in 49 states but illegal in Virginia. For example, imagine if Virginia was the only state to recognize publicity rights.
Which of the following situations would be legally dangerous:
I write a book that violates…
Paredon
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If states have conflicting precedents for sperm donation contract which state would take priority?
Let me start out by saying I know this is a highly specific question and that it's unlikely anyone here has specific expertise in the exact area. As such I'm not demanding a perfectly definitive answer, I suspect there is no absolute answer, I'm…
dsollen
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Which choice-of-law provision applies when there are multiple legal agreements?
A consumer residing in North Carolina opens a credit card account with a national bank, "signing" three separate agreements: (1) a cardmember agreement, (2) an online service agreement, (3) an electronic communication consent agreement.
The…
Josh Johnson
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What are the consequences of having multiple wives as a Hindu in India?
According to the civil code for muslims in Wikipedia, it is found that a man can have multiple wives and there are certain laws for how he act in case of divorce.
a Muslim man is allowed to marry up to four wives at a time
he can divorce his wife…
Clemens Bartholdy
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What is the difference between the seat theory and the incorporation theory?
In corporate law, what is the difference between the seat theory and the incorporation theory? Where do I find the list of countries (jurisdictions) adhering to each?
stf
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cross border contract
If two entities from different countries A, B sign a contract, does the contract follow:
law of the country, where the contract is signed
law of a country of choice from A and B
international contract law
?
Thank you.
Jankoo
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Vietnamese were chosen as applicable law, should the CISG govern contract ? May the parties choose laws of Indonesia to be applicable of the contract?
The contract is signed between the company, which is located in Vietnam, and company in France / Germany / Australia / Korea.
From the Contracting States of CISG between Vietnam and U.S. activated, the National laws shall be replaced with the CISG…
Robbinspire
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If one state respects a contract and another doesn't how do we know if it will be respected across state lines?
Lets say person A and person B sign a contract, in which person A signs away their right to a financial claim. The two people live in different states, and one state has a precedent for respecting this type of contract and the other state doesn't…
dsollen
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How is the jurisdiction of inter-state age of consent laws determined in the US?
How are inter-state relationships legality determined in the US?
Say Joe is 25 and lives in Maryland and Jane is 17 and lives in Virginia. In Maryland the age of consent is 16 and in Virginia the age of consent is 18. Would this make physical…
Redja
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