Private International Law

The importance of Private International Law has been growing hand in hand with globalisation. It is a specific area of Law, whose use only becomes evident when there is a dispute between international parties over -among other issues- a breach of contract or when they are confronted over an allegedly illegal act.

Each country has its own Private International Law. In the Netherlands, authorities (judges, notaries, etc.) apply the rules of Dutch Private International Law (regardless of the nationality of the party involved), but in Belgium and France, for example, Belgium and French regulations of Private International Law are applied, respectively.

If you possess property both in the Netherlands and Spain, Dutch authorities will apply Dutch Private International Laws, and accordingly, Spanish authorities will apply Spanish private international regulations.

These regulations differ. The application of different regulations of Private International Law may lead to different outcomes, sometimes contradictory. To prevent this situation, countries often sign treaties whereby Private International Law regulations are established. When there is a treaty of this type, the European Communities apply the same Private International Law regulations.

Gimbrère International Advocaten can assist you in procedures before a Dutch or foreign judge, but can also provide counselling on Private International Law. Likewise, the application of this area of law to foreign trade is vital. For example, when it comes to drawing up a contract, if the growth of your organization leads it to trade with foreign companies. Or to restrict legal risks and prevent long procedures when the delivery of an international order has failed.

The documents that adhere to Private International Law regulations have increased dramatically in the recent years and they are expected to continue growing in the coming years. Unfortunately, this increase does not necessarily mean improvement, and regulations may give rise to overlapping issues, district problems and disputes. There is a growing threat that Private International Law may become a labyrinth.

Also, the Brussels regulations require caution in terms of use and quality: after all, the intention cannot be replacing the preparation of suitable worldwide Private International Law regulations with the hasty production of highly-customised regional regulations.
Gimbrère International Advocaten is aware of the interests at stake, considers all the additional circumstances as well as the need to solve the procedure to your full satisfaction.

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