Publications
Publications
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22/12/2009
Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
/Publication available only in Latvian/
Autor: Elīna Umbraško
Jurista Vārds, 22.12.2009., Nr. 51/52 (594/595)
Since each state has
its own understanding of sale of goods, it was already pointed out during CISG
drafting process, that it is important to ensure that in case of uncertainty
courts would not apply national law. Therefore, in order to prevent conflicting
interpretation of the Convention, that is unavoidable, if CISG provisions are
interpreted from the view of national law, CISG includes provisions concerning
interpretation and gap filling, thereby precluding nationally distinctive
interpretation and usage of different legal methods.
However, in practice
CISG norms which contain provisions of interpretation and gap-filling sometimes
are ignored. Therefore, popularizing application of CISG in Latvia, special
attention must be given to provisions of Article 7 of CISG.
24/11/2009
Several aspects of unregistrated partnerships in Latvia and abroad
/Publication available only in Latvian/
Authors: Viktorija Jarkina and Anete Unbedahte
Jurista Vārds, 24.11.2009., Nr.47 (590)
Latvia
does not possess statistical data about pairs living in partnerships; however no
one shall deny that the issue of partnerships is vital and that a union between
a man and a woman without registration of a marriage is widespread. The
topicality of partnerships in Latvia is certified by the
statistical data – the children born in unregistered partnerships. So, for
example, in accordance with the data of the Latvian Central statistics board,
10’000, i.e. 43% of all born children in 2007 were born in unregistered
partnerships.
12/11/2009
Tort developments in Latvia in 2008
/Publication available only in English/
Author: Agris Bitāns
Tort
developments in Latvia.
Tort and Insurance Law Yearbook, European Tort Law 2008,
co-author, SpringerWienNewYork, 2009, 401-413 lpp.
You may download full article in English here
21/09/2009
The Constitutional Grounds of Judge-made Law
/Publication available only in Latvian/
Author: Ginta Sniedzīte
Jurista Vārds, 15.09.2009., Nr.37 (580)
The
article reflects author’s further research in the theoretical field of concept
of the Judge-made Law. Constitutional grounds of the Judge-made law are analysed
especially with respect to its legitimacy from the point of view of principle of
division of powers as introduced by Charles Montesquieu and developed by other
legal systems and ideas. Article also deals with problematic of preconditions
set for the Judge-made law’s legality, including relationship between the
judicial power and political power and mechanisms and tools to control the
process and result of the judicial legislation. Both internal and external
borders are found limiting a judge in deciding the case based on legal norm
found and formulated by the court.
You may download full article in Latvian here
21/08/2009
Board members' liability for damage caused to the company
/Publication available only in Latvian/
Authors: Jānis Lagzdiņš and Anete Unbedahte
www.ifinanses.lv, 21.08.2009.
This year for the most of the businessmen has been a time of substantial hardships, when the ability to exist and to do business has depended on how rationally and fearlessly, considering the economical ground during the economical recession the businessmen make decisions and subordinate their business to the current economical situation. The fact that in the first seven months of this year the courts have received 1370 insolvency applications while during the same period in the previous year the courts received 778 insolvency applications points to finding that many businessmen have not succeeded to pull through the period of economical inconsistency.
03/08/2009
Legal Regulation of Franchising Agreement II
/Publication available only in Latvian/
Author: Viktorija Jarkina
www.ifinanses.lv, 03.08.2009.
From 2000 to 2009 there were no provisions in the Commercial Law on commercial transactions (with the exception of the provisions on procuration and ordinary commercial powers of attorney, as well as provisions on commercial agency and broker agreements, which traditionally are not viewed as rules regulating commercial transactions). The first regulations on franchise agreement in the Commercial Law were adopted by Saeima on 18 December 2008 by “Amendments to the Commercial Law” adding Part D “Commercial Transactions”.
25/05/2009
Every detail counts in insurance
/Publication available only in Latvian/
Authors: Agris Bitāns and Elīna Umbraško
Dienas Bizness (Juridiskais pielikums), 25.05.2009., Nr.97 (3605)
Economic decrease
has also impact on the behavior of insurers and that of the insured. Lawyers point out that decline of
financial resources forces to appraise actions of the other party more carefully which
frequently causes disagreements regarding to whether and in what amount the
insurance indemnity
should be payable by the insurer.
18/05/2009
Financial fraud increasing during crisis
/Publication available only in Latvian/
Author: Agris Bitāns
Lietišķā Diena, 18.05.2009., Nr. 128
In period of economic recession
number of fraudulent financial deals has increased as a reaction to problems and
efforts to seek survival solutions at any cost. This is the way how financial
fraud arise leaving major losses for one party and legal liability to another at
the end.
Number of legal proceedings in relation to different fraudulent
financial agreements in partner contracts as well as within companies which
results in consequences of suspicious and unfair financial deals – bad assets
“blow up”, faked profit results forgery, use of fake intermediaries etc., has
increased especially during the past year. Also, first cases against auditors
that have not recognized fraud or “blow up” of financial resources have appeared
lately. Managing partner of Eversheds Bitāns Law Office Agris Bitāns comments on
recognizing and avoiding financial fraud.
12/05/2009
The breach of IP rights in Latvia is most often associated with consumer goods market
/Publication available only in Latvian/
Interview with Agris Bitāns
www.bns.lv, 12.05.2009.
Many
economists point out that era of knowledge economy is facing its decline and
creative economy directed by innovation and creation is entering into finance
world. The base of the creative economy is no longer plain knowledge and ability
to use this knowledge, but ability to merge knowledge with senses, individual
experience, talent and skills in the end providing new and unexpected product.
However together with creative economy comes intellectual property and necessity
to protect it, because there is no other thing that is easier to steal than an
idea. Agris Bitans, managing partner of Eversheds Bitāns Law Office comments on
the current situation in Latvia with regard to intellectual
property protection in his interview to the business information portal of the
BNS news agency.
24/02/2009
Certain aspects of continuity of legal force of acts of detailed territorial planning
/Publication available only in Latvian/
Author: Ginta Sniedzīte
Jurista Vārds, 24.02.2009., Nr.8 (561) un
17.02.2009., Nr.7
(560)
Present article is dedicated to the legal aspects of
continuity of acts of detailed territorial planning that have not been
regulated by written law so far. First, author gives a brief introduction in
the process of territorial planning and the respective legal acts, as well as
points out close nature of relation between municipal territorial planning and
detailed territorial planning. On this basis further research is made in order
to clarify the force of those detailed territorial planning acts which have not
been mentioned in municipal territorial planning.
You may download full article in Latvian here
30/01/2009
Evolution of Perception of Concept of Judge-made Law in Foreign Countries
/Publication available only in Latvian/
Author: Ginta Sniedzīte
Likums un Tiesības, 11. sējums, nr.1 (113) un nr.2 (114), Janvāris un Februāris 2009
The article reflect authors conclusions reached during the research of the concept of judge-made law performed within her doctoral studies and encompass the part of it which refers to the evolution of the perception of the concept of judge-made law in several foreign countries whose legal system is closely bound to Latvian or has been historically in close relation with the formation of legal thought of Latvia.
You may download full article in Latvian here
20/01/2009
European Commission issues proposal on a Consumer Rights Directive
Author: Pavles Tjuševs
BLT - British Latvian Trade, The magazine on the British Chamber of Commerce in Latvia, Spring 2008
The European Commission published
a proposal for a new EU Consumer Rights framework Directive on 8 October 2008. The
new proposal is aimed at improving consumer confidence and quality of
legislation in cross-border trade. The proposal will simplify the four existing
EU consumer rights directives into one unified set of rules. The directive
focuses on the pre-contractual information, cancellation rights on distance
sales, rules on delivery and passing of risk, unfair contract terms, etc.