1. LL.M. Exam Paper in Private International Law (Conflict of Laws).
- Author
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Ungerer LL.M.oec., Johannes
- Subjects
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CONFLICT of laws , *APPLICABLE laws , *INTELLECTUAL property infringement , *INTELLECTUAL property , *CONSUMER protection - Abstract
This document is a modified LL.M. exam paper on Private International Law that presents a problem question involving a dispute between an Austrian company, M, and S, a Nigerian student studying in Berlin. The question asks the reader to determine the applicable law to the dispute, which is brought before the court in Vienna. The model answer analyzes the character of M's claims and discusses the potential application of the Convention on Contracts for the International Sale of Goods (CISG) and the Rome I Regulation. It concludes that the choice of Austrian law is valid and that the rules on consumer protection in the Rome I Regulation may apply. The text also discusses the applicable laws for a contractual claim and a non-contractual claim between M and S. For the contractual claim, Austrian law applies, except for the issue of a tariff change, which is governed by German law. For the non-contractual claim regarding an alleged infringement of intellectual property rights, both Austrian and German law may apply, and the specific laws governing each claim will determine the assessment of compensation. [Extracted from the article]
- Published
- 2024
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