Examples of using Relating to a contract in English and their translations into Bulgarian
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Concept of‘matters relating to a contract'.
(1) in matters relating to a contract, in the courts for the place of performance of the obligation in question;…'.
Jurisdiction in matters relating to a contract.
In the words of one legal commentator,‘a dispute concerning the validity of a contract is still a dispute in“matters relating to a contract”'.
The case-law of the Court on the concept of‘matters relating to a contract' within the meaning of Article 7(1) of the Brussels Ia Regulation.
People also translate
The offence of breach of fiduciary duty falls within a‘matter relating to a contract'.
In matters relating to a contract, Article 5(1)(a) of Regulation No 44/2001 provides that the courts having jurisdiction are the courts for the place of performance of the obligation in question.
At the outset,it must be borne in mind that Article 5(1) of Regulation No 44/2001 lays down a rule of special jurisdiction in respect of matters relating to a contract.
It is only in relation to the second type of dispute that an action can constitute a matter relating to a contract, in so far as it concerns an obligation freely consented to. .
In matters relating to a contract, if the action may be combined with a case of real property rights against the same defendant, the court in the State in which the property is located.
(Reference for a preliminary ruling- Area of freedom, security and justice- Jurisdiction in civil andcommercial matters- Special jurisdiction- Matters relating to a contract- Actio pauliana).
One payment relating to a contract for IT services was affected by error because the supporting documents did not confirm that all the services had been provided in accordance with the awarded framework contract. .
Second, I will examine the EU's jurisdictional rules concerning actio pauliana andexplain why actio pauliana cannot be classified, in the specific context of the present case, as a‘matter relating to a contract'(B).
Under that provision, in matters relating to a contract, a person domiciled in a Member State may be sued in another Member State in the courts for the place of performance of the obligation in question.
(2) An action for the annulment of a contract andrestitution of the sums paid on the basis of the void act must be regarded as constituting a‘matter relating to a contract' within the meaning of Article 5(1)(a) of Regulation No 44/2001.
In matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Contracting State in which the property is situated.
That rule appeared in Section 2 of Title II of that convention, concerning special jurisdiction, and had been added in the form of a particular case of the jurisdiction rule laid down in Article 5, point 1,of the Brussels Convention in matters relating to a contract.
In matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Contracting State in which the property is situated.
In matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Contracting State in which the property is situated.
According to Article 7(1)(a),which can be found in Section 2 of the same regulation,‘a person domiciled in a Member State may be sued in another Member State… in matters relating to a contract, in the courts for the place of performance of the obligation in question'.
In matters relating to a contract, the claimant may, under Articles 2(1) and 5(1) of that regulation, choose between the courts of the Member State in which the defendant is domiciled and those for the place of performance of the obligation in question.
In the light of those various considerations, I take the view that an action for the annulment of a contract and restitution of the sums paid on the basis of the void act must be regarded as constituting a‘matter relating to a contract' within the meaning of Article 5(1)(a) of Regulation No 44/2001.
Thus, the application of the rule of special jurisdiction provided for matters relating to a contract in Article 7.1.a presupposes the establishment of a legal obligation freely consented to by one person towards another and on which the claimant's action is based.
By the question it has referred for a preliminary ruling,the referring court asks whether an action brought by a bar association for an order that one of its members pay the annual professional fees owed to it is a matter‘relating to a contract' within the meaning of Article 7(1) of the Brussels Ia Regulation.
Thus, the application of the rule of special jurisdiction provided for matters relating to a contract in Article 5(1)(a) presupposes the establishment of a legal obligation freely consented to by one person towards another and on which the claimant's action is based(see the judgment in Česká spořitelna, EU: C: 2013:165, paragraphs 46 and 47).
I shall rule out from the outset the possibility of regarding the action brought by Profit against Commerzbank as being contractual in nature since, in the absence of a contractual relationship between them, the action by the formeragainst the latter cannot, whatever the result it is intended to achieve, be classified as‘relating to a contract'.
The primary laws on the basis of which international arbitration lawyers argue a case are the governing law of a contract, orthe law of tort relating to a contract, the arbitration laws of the seat of arbitration, and the New York and Washington convention(alternatively known as the ICSID Convention).
In those circumstances, Article 7(1)(a) of Regulation No 1215/2012 must be interpreted as meaning that an action by which a bar association seeks an order that one of its members pay the annual professional fees which he orshe is obliged to pay is not, in principle, an action‘in matters relating to a contract', within the meaning of that provision.
Nor is the same interpretation called into question by Arcadia's argument that only an application which is a‘matter relating to a contract' within the meaning of Article 5(1) of the Lugano II Convention and the Brussels I Regulation may be‘matters relating to individual contracts of employment' for the purposes of the provisions of Section 5.