References of "Wautelet, Patrick"
     in
Bookmark and Share    
Full Text
See detailLitigating Cross-Border IP Disputes - issues of Jurisdiction
Wautelet, Patrick ULg

Learning material (2010)

In this seminar, students are invited to study the fundamentals of cross-border IP disputes, using as an example the rules of jurisdiction in force within the European Judicial Area for patent disputes ... [more ▼]

In this seminar, students are invited to study the fundamentals of cross-border IP disputes, using as an example the rules of jurisdiction in force within the European Judicial Area for patent disputes. Particular attention is paid to the case law of the ECJ and the difficulties patent holders face in obtaining cross-border relief. [less ▲]

Detailed reference viewed: 77 (1 ULg)
Full Text
See detailCooperation judiciaire civile : méthodes et enjeux de la coopération européenne
Wautelet, Patrick ULg

Scientific conference (2009, December)

Cette présentation destinée au personnel des SPF Justice et Affaires étrangères avait comme objectif de dresser le bilan et de présenter les enjeux futurs de la coopération judiciaire civile au sein de l ... [more ▼]

Cette présentation destinée au personnel des SPF Justice et Affaires étrangères avait comme objectif de dresser le bilan et de présenter les enjeux futurs de la coopération judiciaire civile au sein de l'Union européenne [less ▲]

Detailed reference viewed: 43 (2 ULg)
Full Text
See detailComparative Aspects Nationality Law - Selected Questions
Wautelet, Patrick ULg

Learning material (2009)

These slides were used as support for a course taught in English which provides an overview of the major questions arising in the field of nationality law. The course focuses on acquisition and loss of ... [more ▼]

These slides were used as support for a course taught in English which provides an overview of the major questions arising in the field of nationality law. The course focuses on acquisition and loss of nationality and touches upon other issues such as multiple nationalities and the influence of the European construction on nationality law. All these questions are studied using comparative materials as basis. [less ▲]

Detailed reference viewed: 22 (5 ULg)
Full Text
See detailLe droit de la lutte contre la discrimination dans tous ses états
Wautelet, Patrick ULg

Book published by Anthemis - Collection Commission Université Palais (2009)

This books offers an overview of the scheme put in place with the twin Anti-Discrimination Acts adopted by the Belgian Federal legislator on 10 May 2007. After a general overview of the basic concepts, a ... [more ▼]

This books offers an overview of the scheme put in place with the twin Anti-Discrimination Acts adopted by the Belgian Federal legislator on 10 May 2007. After a general overview of the basic concepts, a detailed analysis of the practical consequences of the antidiscrimination regime is offered in the insurance sector, the housing sector and finally in banking and financial relationships. In a final chapter, some attention is devoted to the specific civil sanctions put in place by the legislator. [less ▲]

Detailed reference viewed: 52 (6 ULg)
Full Text
See detailRome I et le consommateur de produits et de services financiers
Wautelet, Patrick ULg

in Revue Européenne de Droit de la Consommation = European Journal of Consumer Law [=REDC] (2009)

In this paper, I review the impact of the Rome I Regulation (Regulation 593/2008) on contracts concluded by consumers in the financial sphere. The Rome I Regulation has introduced some specific provisions ... [more ▼]

In this paper, I review the impact of the Rome I Regulation (Regulation 593/2008) on contracts concluded by consumers in the financial sphere. The Rome I Regulation has introduced some specific provisions dealing with such contracts - both in the general rule dealing with the law applicable when parties have not chosen the law governing their contract (Art. 4) and in the rule dealing with consumer contracts (art. 6). I attempt to determine what is the scope of these various rules, which contracts are governed by these rules and also and most crucially whether these rules provide the consumer a sufficient level of protection when considered together with other relevant rules (such as rules on cross-border jurisdiction of courts). [less ▲]

Detailed reference viewed: 75 (4 ULg)
Full Text
See detailDe strijd tegen (schijn)huwelijken voltrokken in het buitenland : is het Belgisch ipr aan een update toe?
Wautelet, Patrick ULg

in Erauw, Johan (Ed.) Nieuw Internationaal Privaatrecht - meer europees, meer globaal (2009)

In this paper, I argue that the current legal framework as it stands offers sufficient means to refuse any effect to a marriage celebrated outside Belgium if it appears that it is a marriage of ... [more ▼]

In this paper, I argue that the current legal framework as it stands offers sufficient means to refuse any effect to a marriage celebrated outside Belgium if it appears that it is a marriage of convenience. There has been much talk of strenghtening and fine tuning the legal framework in order to offer real protection against such foreign sham marriages. A thorough analysis of the law as it stands, and in particular of Article 27 of the Code of Privat International Law reveals that such fine tuning is by no means necessary. Article 27 properly applied already offers sufficient protection against such marriages. The analysis also reveals that in order to refuse effect to foreign marriages of convenience, it is not even necessary to call upon the doctrine of ordre public or of fraus legem, to which Article 27 refers. The application of these two doctrines appears to be very complex and will in most cases not be necessary. [less ▲]

Detailed reference viewed: 70 (3 ULg)
Full Text
See detailL'union entre personnes de même sexe s'exporte-t-elle bien?
Wautelet, Patrick ULg

in Revue du Droit des Etrangers [= RDE] (2009), 151

In this case note, an analysis is offered of a decision by a Luxemburg administrative court regarding the recognition in Luxemburg of a same sex marriage celebrated in Belgium. Looking at the larger ... [more ▼]

In this case note, an analysis is offered of a decision by a Luxemburg administrative court regarding the recognition in Luxemburg of a same sex marriage celebrated in Belgium. Looking at the larger picture, some thoughts are offered on how well same sex marriages celebrated in Belgium fare abroad. [less ▲]

Detailed reference viewed: 65 (1 ULg)
Full Text
See detailL'ingénierie patrimoniale dans les relations franco-belges : perspective de droit international privé belge
Wautelet, Patrick ULg

in Derème, François (Ed.) Ingénierie patrimoniale. Questions particulières dans un contexte franco-belge (2009)

In this paper I review the possibilities offered by private international rules in force both in Belgium and in France for three selected tools of estate planning : the marriage contract, gift and ... [more ▼]

In this paper I review the possibilities offered by private international rules in force both in Belgium and in France for three selected tools of estate planning : the marriage contract, gift and donation and wills. The purpose is to examine how much freedom the legal framework in place in the two countries offers to private individuals. Specific attention is devoted to the issue of recognition in one country of acts (such as marriage contracts) drafted in the other country. [less ▲]

Detailed reference viewed: 80 (2 ULg)
Full Text
See detailConfidentiality and Third Parties in International Commercial Arbitration : Some Preliminary Reflections
Wautelet, Patrick ULg

in Caprasse, Olivier (Ed.) L'arbitrage et les tiers (2008, November)

This paper seeks to review first if there exists a duty of confidentiality in international commercial arbitation and, if yes, what it its scope, nature and limitations. Drawing from this first analysis ... [more ▼]

This paper seeks to review first if there exists a duty of confidentiality in international commercial arbitation and, if yes, what it its scope, nature and limitations. Drawing from this first analysis, this paper also reviews the strenght of the confidentiality argument in relationship with third parties. To that end, the paper examines various scenarios in which third parties may be faced with arbitration proceedings. In order to resolve the difficulties caused by a possible confidentiality duty resting upon the parties, the arbitrators or other parties, the paper reviews various solutions, drawing upon contract law and private international law. [less ▲]

Detailed reference viewed: 195 (4 ULg)
Full Text
See detailMariages célébrés à l' étranger : la preuve de la fraude à la loi et le moment de son appréciation
Wautelet, Patrick ULg

in Revue du Droit des Etrangers [= RDE] (2008), 148

In this case note some comments are offered on the delicate application of the doctrine of fraus legem in relation to the recognition in Belgium of a marriage concluded abroad

Detailed reference viewed: 58 (1 ULg)
Full Text
See detailQuelques réflexions sur le statut des enfants issus d'une union polygamique
Wautelet, Patrick ULg

in Revue du Droit des Etrangers [= RDE] (2008), 151

In this note some comments are offered on a decision issued by a civil court siting in Charleroi regarding the legal position of children born within a polygamic marriage.

Detailed reference viewed: 53 (4 ULg)
Full Text
See detailLes litiges contractuels transfrontaliers – le domaine résiduel du droit international privé : le droit belge
Wautelet, Patrick ULg

in Defossez, Michel; Senechal, Juliette (Eds.) Enforcing contracts. Aspects procéduraux de l'exécution des contrats transfrontaliers en droit européen et international Les litiges contractuels transfrontaliers (2008)

This paper gives a critical overview of the rules of private international law to be found in the Code of Private International Law adopted in Belgium in 2004 in relation to cross-border commercial ... [more ▼]

This paper gives a critical overview of the rules of private international law to be found in the Code of Private International Law adopted in Belgium in 2004 in relation to cross-border commercial contracts. These rules apply in a marginal number of cases due to the priority enjoyed by European rules (such as those found in the Brussels I Regulation and the Rome I Regulation). Nonetheless it is important to analyze whether these rules are well drafted. The analysis reveals serious shortcomings mainly in relation to rules of jurisdiction. On the one hand, the rule pertaining the choice of court agreements gives courts an unnecessary margin of discretion to disregard the agreement of parties. On the other hand, the rule pertaining to the law applicable to agreements, is outdated and based on archaic method of identifying the applicable law. [less ▲]

Detailed reference viewed: 152 (6 ULg)
Full Text
See detailVergelijkend nationaliteitsrecht - Belgie vs Nederland
Wautelet, Patrick ULg

Learning material (2007)

This presentation was used as support in teaching a course on comparative Belgian-Dutch Nationality Law. The focus of the course was on the methods and requirements for the acquisition of the nationality ... [more ▼]

This presentation was used as support in teaching a course on comparative Belgian-Dutch Nationality Law. The focus of the course was on the methods and requirements for the acquisition of the nationality. The course was financed by a Chair granted by the Tijdschrift voor Privaatrecht. It was taught at the University of Maastricht in April-May 2007. [less ▲]

Detailed reference viewed: 48 (0 ULg)
Full Text
See detailArticle 37 Brussels I Regulation - a Commentary
Wautelet, Patrick ULg

in Mankowski, Peter (Ed.) Brussels I Regulation - a Commentary (2007)

] This is a commentary of one provision to be found in the Brussels I Regulation, i.e. Article 37. The purpose of the commentary is to provide a clear and concise statement of the law, including the case ... [more ▼]

] This is a commentary of one provision to be found in the Brussels I Regulation, i.e. Article 37. The purpose of the commentary is to provide a clear and concise statement of the law, including the case law of the European Court of Justice and of the most important courts of the Member States, in relation to this provision. This version has been published in the first edition of the commentary. A second edition is now available (www.sellier.de). [less ▲]

Detailed reference viewed: 62 (2 ULg)
Full Text
See detailCommentary Article 32-33 Brussels I Regulation
Wautelet, Patrick ULg

in Mankowksi, Peter (Ed.) Brussels I Regulation - a Commentary (2007)

This is a commentary of two provisions to be found in the Brussels I Regulation, i.e. Article 32 and Article 33. The purpose of the commentary is to provide a clear and concise statement of the law ... [more ▼]

This is a commentary of two provisions to be found in the Brussels I Regulation, i.e. Article 32 and Article 33. The purpose of the commentary is to provide a clear and concise statement of the law, including the case law of the European Court of Justice and of the most important courts of the Member States, in relation to these two provisions. This version has been published in the first edition of the commentary. A second edition is now available (www.sellier.de). [less ▲]

Detailed reference viewed: 137 (3 ULg)
Full Text
See detailActualités du droit international familial
Collienne, Fleur ULg; Wautelet, Patrick ULg; Pfeiff, Silvia ULg

in Pire, Didier (Ed.) Droit des Familles (2007)

In this paper, we review current problems and trends in relation to various matters of cross-border family law practice. We review in particular issues related to the recognition in Belgium of marriages ... [more ▼]

In this paper, we review current problems and trends in relation to various matters of cross-border family law practice. We review in particular issues related to the recognition in Belgium of marriages celebrated abroad, the recognition in Belgium of polygamic unions, cross-border same sex marriages, cross-border divorces and the impact of the Brussels IIbis Regulation, and recent case law dealing with cross-border parent-children relationships. [less ▲]

Detailed reference viewed: 127 (24 ULg)
Full Text
See detailInternationaalprivaatrechtelijke aspecten van leasing
Wautelet, Patrick ULg

in Beselaere, Patrick (Ed.) Handboek leasing (2007)

This paper gives a general overview of the legal difficulties raised by the cross-border nature of commercial leasing agreements. The specific focus is on issues of applicable law and jurisdiction and ... [more ▼]

This paper gives a general overview of the legal difficulties raised by the cross-border nature of commercial leasing agreements. The specific focus is on issues of applicable law and jurisdiction and also on the particular problems raised by the fact that three parties or more may be involved in the operation. [less ▲]

Detailed reference viewed: 59 (2 ULg)
Full Text
See detailLes donations : questions choisies de droit international privé
Wautelet, Patrick ULg

in Leleu, Yves-Henri (Ed.) Chronique de droit à l'usage du notariat (2007)

Cette contribution dresse un panorama général des questions de droit international privé (en particulier la détermination du juge compétent et du droit applicable) aux libéralités, avec une attention ... [more ▼]

Cette contribution dresse un panorama général des questions de droit international privé (en particulier la détermination du juge compétent et du droit applicable) aux libéralités, avec une attention particulière pour les contrats de donation. La contribution s'intéresse d'abord aux donations réalisées en Belgique pour examiner ensuite les donations effectuées à l'étranger, notamment sous l'angle de la fraude à la loi [less ▲]

Detailed reference viewed: 349 (8 ULg)
Full Text
See detailLe champ d'application, les questions de droit international privé et le prospectus
Wautelet, Patrick ULg

in de Cordt, Yves (Ed.) La réforme de la réglementation sur les offres publiques d'acquisition (2007)

In this paper, written together with Marc Fyon (www.stibbe.be/eng/lawyers-detail.asp?LawyerId=14), we review the scope of application of the Belgian Act implementing the European Take Over Directive. An ... [more ▼]

In this paper, written together with Marc Fyon (www.stibbe.be/eng/lawyers-detail.asp?LawyerId=14), we review the scope of application of the Belgian Act implementing the European Take Over Directive. An attempt is made to determine when the Act applies to cross-border take overs. We pay particular attention to questions of methodology, by trying to clarify which method should be used in order to determine the relevant legal framework for a cross-border take-over. [less ▲]

Detailed reference viewed: 50 (2 ULg)
Full Text
See detailSome Considerations on the Center of the Main Interests as Jurisdictional Test Under the European Insolvency Regulation
Wautelet, Patrick ULg

in Affaki, Georges (Ed.) Cross-border insolvency and conflicts of jurisdictions : a US-EU experience (2007)

The paper explores the concept of the 'Center of the Main Interests' which plays a key role under the European Insolvency Regulation to allocation jurisdiction in international insolvency proceedings. The ... [more ▼]

The paper explores the concept of the 'Center of the Main Interests' which plays a key role under the European Insolvency Regulation to allocation jurisdiction in international insolvency proceedings. The paper reviews the case law of courts of EU Member States and the first cases decided by the European Court of Justice in order to draw some preliminary lessons on how to identify where the Center of the Main Interests of the debtor lies. [less ▲]

Detailed reference viewed: 129 (4 ULg)