5 Amendments of Emil RADEV related to 2018/0044(COD)
Amendment 18 #
Proposal for a regulation
Recital 3
Recital 3
(3) The proper functioning of the internal market requires, - in order to improve the predictability of the outcome of litigation, legal certainty as to the law applicable and the free movement and recognition of judgments, - for the conflict of law rules in the Member States to designate as the applicable law the same national law irrespective of the Member State of the court in which an action is brought.
Amendment 32 #
(25) In accordance with market practice and the needs of market participants, the third-party effects of certain assignments of claims should, as an exception, be governed by the law of the assigned claim, that is, the law that governs the initial contract between the creditor and the debtor from which gives rise to the claim arises.
Amendment 37 #
Proposal for a regulation
Recital 30
Recital 30
(30) The scope of the national law designated by this Regulation as the law applicable to the third-party effects of an assignment of claims should be uniform. The national law designated as applicable should govern in particular (i) the effectiveness of the assignment against third parties, that is, the steps and procedures that need to be takenadopted by the assignee in order to ensure that he acquires legal title over the assigned claim (for example, registering the assignment with a public authority or registry, or notifying the debtor in writing of the assignment); and (ii) priority issues, that is, conflicts between several claimants as to who has title over the claim (for example, between two assignees where the same claim has been assigned twice, or between an assignee and a creditor of the assignor).
Amendment 65 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Nothing in this Regulation shall restrict the application of the overriding mandatory provisions of the law of the competent forum.
Amendment 68 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the competent forum.