Actor sequitur forum rei case law

Actor Sequitur Forum Rei Law and Legal Definition

Actor sequitur forum rei - Oxford Referenc

  1. That jurisdictional rule is a general principle, which expresses the maxim actor sequitur forum rei, because it makes it easier, in principle, for a defendant to defend himself (see, in particular, Case C-412/98 Group Josi [2000], paragraphs 34 and 35)
  2. Three common law principles underpin the exercise by a court of its jurisdictional powers generally. These are the doctrine of effectiveness, the doctrine of submission and the actor sequitur forum rei rule. See Herbstein & Van Winsen, The Civil Practice of the Superior Courts in Sout
  3. Mayne v Main is an important case in South African law. It was heard in the Supreme Court of Appeal (SCA) on 1 March 2001, with judgment handed down on 23 March. the legislature had simply followed the common-law rule of actor sequitur forum rei. Forsyth Private International Law 3rd ed. Halsbury's Laws of England 4th ed re-issue vol 8(1)

slate, and based predominantly by article 2 on the maxim actor sequitur forum rei, by which the law leans in favour of the defendant. The concept of domicile is a key central element to the ascription of jurisdiction under the Brussels Convention. Pursuant to article 2, persons domiciled in a contracting state must The 'maxim actor sequitur forum rei', which expresses the fact that law leans in favour of the defendant, is even more relevant in the international sphere than it is in national law. It is more difficult, generally speaking, to defend oneself in the courts of a foreign country than in those of another town in the country where one is domiciled. Actor sequitur forum rei: The plaintiff must institute action against the defendant in the area which the defendant is domiciled. If the actor sequitur forum rei rule is followed to give jurisdiction to a court, such court is said to have jurisdiction ratione domicilii. In the light of recent case law, it thus appears that this is the only.

Mayne v Main (182/99) [2001] ZASCA 35; [2001] 3 All SA 157

De minimis non curat lex – Inlightlaw

Actor sequitur forum rei legal definition of Actor

  1. Asas Actor Sequitur Forum Rei. Menurut pasal 118 ayat (1) HIR, guna melindungi kepentingan tergugat dalam mengajukan pembelaan diri, asas hukum menentukan gugatan haruslah diajukan kepada pengadilan dalam wilayah hukum tempat tinggal tergugat
  2. Actor sequitur forum rei. According as ret is intended as the genitive of res, a thing, or reus, a defendant, this phrase means: The plaintiff follows the forum of the property in suit, or the forum of the defendant's residence. Branch, Max. 4. Actore non probante reus absolvitor. When the plaintiff does not prove his case the defendant is.
  3. Actor sequitur forum rei. This rule means that the plaintiff must institute action against the defendant in the area in which the defendant is domiciled or resident. If the actor rule is followed to give jurisdiction to a court, such court is said to have jurisdiction ratione domicilii

- initiative, race to the court, forum shopping. Defendant - protected by the rule: actor sequitur forum rei. This rule serves as the. underlying. principle of local as well as international competence. In both cases it ensures that the justified interest of a defendant is safeguarded. However, i. n some cases this interest does not need to. Part two covers basic themes and pervasive issues reflecting, inter alia, on the actor sequitor forum rei principle, choice of forum agreements, forum non conveniens, antisuit injunctions and the lis pendens doctrine. The last part explores the role of international instruments for achieving convergence and harmonization

Elle repose sur le principe de actor sequitur forum rei et reste attachée au domicile du défendeur situé sur le territoire d'un État lié par la convention. It is based on the principle of actor sequitur forum rei , and remains anchored to the domicile of the defendant in a State bound by the Convention A - A European model of alternative to the use of forum non conveniens? The jurisdiction regime of the Brussels I regulation is based on the domicile of the defendant. This system also named as actor sequitur forum rei provides that the forum of the defendant will be the one chosen. This principle is laid down in article 2 of the Regulation

Dr. Lucilla Galanti (University of Bologna): CJEU case law and forum connexitatis: how to improve the close connection criterion? Dr. Etienne Farnoux explored whether the actor sequitur forum rei principle is still appropriate in a system where several alternative grounds of jurisdiction are offered to the plaintiff in case of a close. Judge Binns-Ward therefore examined the common law relating to jurisdiction and the changes between the 1973 and 2008 Companies Acts. Judge Binns-Ward found that the 1973 Act was consistent with the common law and in particular with the principle of actor sequitur forum rei, which provides a ground for jurisdiction based on residence The defendant shall be sued in the courts of the Member State where he is domiciled (the so-called 'natural forum', based upon the principle of actor sequitur forum rei). The defendant may also be sued in another Member State according to Art. 5, 6 The literal meaning of this latin maxim A pursuer follows the forum or court'' The general rule is that the case must be filed where the cause of action arose Continue Reading Actor sequitur forum rei (Postscript April 2015: The ECJ confirmed these principles in C-295/13, H v HK).. Less is more, I know - Apologies for the long title and thank you to Matthias Storme for highlighting the case. In Case C-328/12 Ralph Schmid v Lilly Hertel, Schmid was the German liquidator of the debtor's assets, appointed in the insolvency proceedings opened in her regard in Germany on 4 May 2007

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rule of jurisdiction:Actor sequitur forum rei. To protect the defendant the plaintiff has to le his action in the Member State where the defendant is domiciled (Article 2 section 1). Neither the Brussels Convention nor the new regulation have changed this system and do not refer like other conventions to the place of the permanent residence On the maxim actor sequitur forum rei, see CCA. Voskuil, De internationale bevoegd-heid van de Nederlandse rechter, 1962, p. 78 et seq., and especially the succint analysis by J. Schröder, Internationale Zuständigkeit, 1971, p. 229 et seq., with references. Google Schola according to the principle of actor sequitur forum rei [i.e. plaintiff follows forum of the case, that is, the law of the defender or accused, not that of the accuser]. This principle has assumed a different meaning under the territorial governance of today than under non-territorial the plaintiff must file a lawsuit in the defendant's forum (again, the principle of actor sequitur forum rei). Exceptions to this rule are also promulgated in the CCP, but as the defendants' burden to appear in the plaintiffs' forum is much harder than for domestic cases, the excep Latin terms ~Actor sequitur forum rei, this roman law rule means a plaintiff must institute the action in the area which the defendant is domiciled, or in the area in which the defendant is domiciled or resident, such rule is merely one of the accepted rationes jurisdictionis, if the actor sequitur forum rei rule is followed such a court is.

Actor sequitur forum rei - StudeerSne

  1. e the competent court in a patent infringement case under the general principle of actor sequitur forum rei not only conflicts with the inherent logic of the 2015 Judicial.
  2. Predictability, and restrictive interpretation of the Regulation's exceptions to the actor sequitur forum rei rule, are the classic lines along which the CJEU holds the case. I for one continue to find it difficult to get my head round assignment not leading to the original obligation being transferred full monty; including its jurisdictional.
  3. Incorporated. 3 In this.

The authentic interpretation from Black's Law Dictionary of the legal term FORUM REI. forum rei (for-[schwa]m ree-I). [Latin] Hist. 1. The forum of the defenda under both Conventions is generally based upon the principle 'actor sequitur forum rei', as noted in both scholarly writing23 and in case law.24 According to these Conventions, jurisdiction is not only determined on the basis of the aforementioned 'general rule, that the courts of the State in which the defendant i Actor sequitur forum rei - A pursuer follows the forum or court the defender. Actus ei nemini facit injuriam - Law holds no man responsible for the act of god. Actus non reum facit reum nisi mens sit rea - To constitute a crime, it is not enough that the act is criminal; it must also be accompanied by a blameworthy mind

actor sequitur forum rei - definition - Englis

Actor sequitur forum rei - A pursuer follows the forum or court. Actus ei nemini facit injuriam - Law holds no man responsible for the act of god. Actus non reum facit reum nisi mens sit rea - To constitute a crime, it is not enough that the act is criminal; it must also be accompanied by a blameworthy mind in principle, an EU-domiciled defendant may be sued at its place of business (actor sequitur forum rei); additionally, in the case of sale of goods or of provision of services, the courts of the place where the goods were or should have been delivered or where the services were or should have been provided shall be competent to hear any disputes

P v D [redacted] (HH 3-19, HC 1332/18) [2019] ZWHHC 3 (09

The law of domicil is of great importance in those countries where the maxim 'actor sequitur forum rei' is applied to the full extent. Multiple Domicils A man cannot be without a domicil, for he is not supposed to have abandoned his last domicil until he has acquired a new one Actor qui contra regulam quid adduxit, non est audiendus. He ought not to be heard who advances a proposition contrary to the rules of law. Actor sequitur forum rei. The plaintiff must follow the forum of the thing in dispute. Actore non probante reus absolvitur general principle actor sequitur forum rei. In particular, art.5 establishes alternative criteria of jurisdiction in cases of contracts (place of performance, or delivery of goods, or provision of services) and in cases of tort (place where the harmful event occurred or may occur). Alternative criteria o actor sequitur forum rei principle that underlies the ratione domicilii. By the same token, it is an exception to the rule that the domicile of the plaintiff/appli-cant never determines jurisdiction. Given that this statutory ground of ju-risdiction differs so markedly from the common-law position, it is somewha

Mayne v Main - Wikipedi

Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial maters: scope of application; underlying principles; future review; the actor sequitur forum rei rule; exclusive heads of jurisdiction; special heads of jurisdiction; choice-of-court agreements; protective regimes for consumer and. The Law must be applied in all cases which come within the letter or the spirit of any. GA. J. ters, since the maxim actor sequitur forum rei was followed. Thus, the foreigner could never become a defendant in any court rule actor sequiturforum rei. Appeals from consular courts were carrie

The explanation of the Dutch case law and the small films on the structural issues of jurisdiction, pendency and applicable law are very much appealing. The basic principle of the Brussels I bis Regime is actor sequitur forum rei. It corresponds to the basic idea that a party should primarily defend against the lawsuit brought against her. adopt the rule: actor sequitur forum rei.''21 To an American lawyer it will probably seem that the historical reason has had more influence than common sense. By analogy to the principal rule, suits against an estate must be brought at the last domicile of the deceased.2 The reason given i case is that the competent judicial body is that which is in the defendant's place of domicile (actor sequitur forum rei). This general principle allows the courts of a given jurisdiction to hear any case as long as the defendant is domiciled in that jurisdiction, even if the alleged wrong took place in another state

1.5 Forum shopping; 2 legal sources. 2.1 European law and international treaties; 2.2 Autonomous German law; 3 Direct responsibility. 3.1 Competences of the Disputed Jurisdiction. 3.1.1 General place of jurisdiction; 3.1.2 Special places of jurisdiction. Jurisdiction for contractual disputes. Jurisdiction of the place of. contract law conventions cannot prevent 'forum shopping'. It can reduce the possibil-ity for 'forum shopping'10, but it cannot prevent it. There are various reasons for this. This paper merely deals with the reasons closely relating to international uniform contract law conventions as such the standing question involving the case where the statutes of limitation at the domicils of the debtor and the creditor state different periods of time, gave this opinion: Respondeo, quia actor sequitur forum rei, ideo extraneus petens a reo, quod sibi debetur, sequetur terminum statuti praescriptum actioni in foro rei ACTOR, practice. 1. A plaintiff or complainant. 2. He on whom the burden of proof lies. In actions of replevin both parties are said to be actors. The proctor or advocate in the courts of the civil law, was called actor. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier

Dutch Civil La

CIV Civils Notes 2019 - StuDoc

CURIA - Document

To determine the competent court in a patent infringement case under the general principle of actor sequitur forum rei not only conflicts with the inherent logic of the 2015 Judicial Interpretation on the Civil Procedure Law, but is also inconsistent with the present needs of society. The place of receipt in a specific online transaction. (actor sequitur forum rei). The principle ensures the law of the forum State but has to be determined in accordance with Guidelines 19-31. and most courts. 4 However, there is also US case law to the contrary.5 7 Courts following the approach suggested in th JURISDICTION IN SOUTH AFRICA. In South African law, when the defendant is domiciled in South Africa (incola) the general rule is actor sequitur forum rei.If the plaintiff is domiciled in South Africa (incola) and the defendant is peregrinus i.e. domiciled outside South Africa and there is a local cause of action the courts may attach property to confirm(2) or found jurisdiction(3) Actor sequitur forum rei The meaning of the maxim is that the plaintiff must follow the forum of the thing in dispute. This phrase means that the plaintiff should file their lawsuits where the issue took place and the place having jurisdiction over the matter. The reason behind this that law varies from place to place

Forum Rei Sitae Law and Legal Definition USLegal, Inc

This is a feasible strategy because the actor sequitur forum rei doctrine is adopted in China, implying that the trial is normally held in the court local to the defendant. The exceptions occur when no courts in the defendant's location have the jurisdiction over the IP case or when the parties choose to file the suit in the place of the dispute [en] This paper presents an overview of the case law of the ECJ in relation to Regulation 44/2001. The focus is on cases decided by the ECJ, with a few reference made to court practice in Belgium. Cases are presented and discussed in relation to the various provisions of the Regulation to which they relate

PAJA - what jurisdiction does the court have? - De Rebu

In Scotland the doctrine actor sequitur forum rei must be adhered to, this is where the pursuer is bound to follow the defender. In Scotland there are three main civil courts in order of hierarchy; the Supreme Court (formally known as the judicial committee of House of Lords), the Court of Session, which consists of the inner and outer house. The old Roman maxim states that Actor sequitur forum rei which can be translated that the plaintiff must follow the forum of the thing in dispute. In the cross-border cooperation, it has been very difficult for a person from one country to sue his counter-party in the foreign court and according to the foreign law actor sequitur forum rei, comitas gentium, exceptio litis pendentis 39 Cards Preview Flashcards Cases. Cases Sample Cards: bier v mines de potasse dalsace 1976, tessili v dunlop 1976, Introduction, The European Regulation Of Sport, Competition Law In European Sport, And more! Private International Law Flashcard maker: Marcus.

To the Monopolists of All Parties - LewRockwel

Actor Forum rei sequitur - where the defendant lives Only applies to defendant . An individual cannot consent to this. Federal Court Subject Manner Jurisdiction. 1. Federal Law 2. State Law with diversity of citzenship and amount in question is more than 75000 a request made by the loser for the case to be tried again on the basis. In principle, the single-member first-instance court is competent to hear cases on the recognition and enforcement of foreign judgments. According to the Recast Brussels Regulation and the domestic legislation, the local jurisdiction is determined in principle by reference to the domicile of the defendant ('actor sequitur forum rei.

The jurisdiction of the relevant court for class action lawsuit is also established based on the Civil Procedure Law (HIR/RBG), 4 which emphasizes on the domicile or residence of the defendant(s), established by the actor sequitur forum rei principle actor sequitur forum rei , ( 15) that does not mean that it should be applied systematically in a way which favours th e courts of the victim's State of domicile (forum actoris ). ( 16) Tha t has been permitted only where (and because) the victim's place of domicile is also the place where the damage occurred. ( 17 Article 118 (1) Herzien Inlandsch Reglement (HIR) stipulates that a Plaintiff shall file a lawsuit to the district court where the defendant is domiciled, also known as the principle of Actor Sequitur Forum Rei or relative competence. However, Article 118 HIR doesn't stipulate clearly regarding the filing of a lawsuit in the event that. The Supreme Court held that the general jurisdiction rule in Article 4(1) of the EU Recast Brussels I Regulation is based on the actor sequitur forum rei principle - namely, it is a general rule in the European Union that a defendant can be sued in the courts where it is domiciled Julius Jurianto, Forum Non Conveniens: Another Look at Conditional Dismissals, 83 U. Det. Mercy L. Rev. 369, 406 (2006) (discussing how civil law jurisdictions are often prohibited by the doctrine actor sequitur forum rei from hearing suits against nondomiciliaries, includin

The rules of private international law governing which jurisdiction should hear a dispute generally provide the plaintiff must bring an action in the domicile of the defendant, actor sequitur forum rei. 24 The principal justification for this rule is that it 'protects defenders from the risk of being summoned to a distant forum, perhaps. Topics: Règlement Bruxelles Ibis, Brussels Ibis Regulation, jurisprudence, case law, Cour de justice, European Court of Justice, litispendance, forum actoris, reconnaissance et exécution, jugements étrangers, clause d'élection de for, compétence exclusive, mesures provisoires et conservatoires, comparution volontaire, for de la succursale, actor sequitur forum rei, forum contractus, Bier.

(20) In each case in which the defendant is a foreign corporation, the general venue of the defendant is its principal place of business in Japan. (21) These provisions are based on the actor sequitur forum rei principle, which originated in Roman law and is widely accepted in many countries Se perustuu actor sequitur forum rei -periaatteeseen ja vastaajan kotipaikkaan yleissopimuksen sitomassa valtiossa. eur-lex.europa.eu Without comparable legislation, at least for key issues regarding both material and procedural law, it will be very difficult to conceive of real economic democracy in the internal market as recognised by Article.

3Forum shopping refers to a case where the plaintiffchooses the venue by deciding in which forum to file the case; reverse forum shopping, on the other hand, describes the defendant choosing fora by invoking principles such as forum non conveniens or actor sequitur forum rei. This paper focuses on the latter but uses the term forum shoppin However, the default rule under Brussels Ia is the actor sequitur forum rei principle in Article 4(1), according to which a defendant domiciled in the EU can always be sued in their country of domicile. In practice, this will often be identical to the defendant's establishment as defined in the e-Commerce Directive

The Sao Paulo State Court was recently faced with a dispute between the contracting parties to a franchise agreement. While the judge rapporteur recognised that the Brazilian legal system provides. Definition of sequitur in the Idioms Dictionary. sequitur phrase. why I made the decision that I would personally try that case and ask for the strongest penalties available under our law--and that's the leadership the emergence of jurisdictional theory in the United States and Germany; the actor sequitur forum rei principle. Sumber foto: di sini Saya punya kenalan/teman yang meminjam uang kepada saya sebesar 500 juta rupiah. Dia sudah sempat menyicil sekitar 125 juta, jadi masih tersisa 3 ratusan juta lagi. Sekarang utangnya sudah jatuh tempo tapi orang tersebut belum juga mengembalikannya pada saya. Saya ingin menggugat kenalan saya itu, tapi saya tidak tahu alamatnya sehingga [ Convention on the Law Applicable to Contractual Obligations (80/934/EEC). The Rome Convention was set up by the European Union. The parties to the Convention are the members of the union. The rule is in accordance with the procedural maxim actor sequitur forum rei