Gloucester 19 Sailboat Owners

Activity 5: Implementation and procedural treatment of foreign law

IDENTIFY THE THESIS TAKEN IN EACH OF THE DECISIONS THAT JUDIALES is reproduced below (Thesis factual or legal argument):

1905 and 1924: The Federal Court of Appeal said: "The foreign law be applied as any other event in the process. " (Judgement of 23/11/1905 and 20/11/1924, respectively. See text in: Proceedings of the CFC, Vol I, 1907, pp. 338-341 1925, pp. 320-321, respectively). THESIS
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1961: The Supreme Court found in favor of an appeal by incorrect interpretation of English law (Judgement of the Supreme Court / SCC, AP against her husband of 31/10/1961. In: GF, October-December, No. 34, 1961, pp. 68 et seq; also JR & G, T. IV , 1,961, pp. 371 et seq.). THESIS
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1966: "is irrelevant to the purposes specified. The fact that the defendant has not made specific allegations about the law of the State of New York should be declared competent to govern the formal validity of the checks at issue ... for the court to apply foreign law office that is competent in accordance with the rules of private international law Venezuelan ... Their role in implementing foreign law should be to try to resolve the dispute in the same way as you would in the case, the judge in the foreign country if the knowledge of causes "(Judgement of 29/09/1966, the Second Court Commercial First Instance of the Judicial District of the Federal District and Miranda State). THESIS
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1967: The Supreme Court upheld a sentence which is automatically applied the law of the State of New York. THESIS
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1979: The Supreme Court did not apply Cuban law which granted Standard Competition on Private International Law since it was not proved by the plaintiff. "That being the subject of verification of the Act a matter of fact, and having claimed the defendant on discontinuance of the relationship for the twenty months of paralysis in Cuba, had to produce evidence of such laws could be based Cuban to accept the alleged termination without doing so.
The Court, to decide, observes: ... in case the absence of evidence of Cuban laws governing the case, should be assimilated to a lack of public treaty, because judges can no longer decide "on the pretext of silence, contradiction or Deficiency Act of obscurity or ambiguity in their terms ... "because it would incur a denial of justice.
therefore test the readiness of the Law of the Republic of Cuba that could set a different situation to the Law of Venezuela, was a matter of concern to the plaintiff. " (S. Villa vs. Roussel de Venezuela SA, the 09/08/1979. In: JR & G, T. LXVI, 1979, 3rd quarter, pp. 451-453). THESIS
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1979: "Judges are not required to know the foreign law, but if it is known from its application" (Accidental Superior Court of the Federal District). THESIS
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1984: The Supreme Court did not apply because the Bustamante Code "... the ratification of it has made a foreign country is simply a fact that setting" foreign law "and therefore a fact susceptible of proof ...
... proof of foreign law can be qualified, or simply a means intervener, brought by the parties for further illustration of the judge or exclusive means and priced, which, inevitably and without possibility of initiative and self-correction, must comply Judge in his sentencing.
... the problem of the application of foreign law is a matter of fact, as such, requires proof, and only about her, can be fought on appeal ... "(SA vs Maracaibo terminals. Fiscal Oilfields of 04/10/1984. In: JR & G, Volume 88, 4 th Quarter, pp. 526 -528). THESIS
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1985: "... on the point that if the judge of merit may or may not officially investigate and apply foreign law, it should be noted that modern Venezuela may be included in the legal group that maintains the principle that the judge has the duty credit to investigate and automatically apply foreign law, provided that such foreign law does not violate public policy principles Venezuelan (Judgement of the Supreme Court / SPA, Goncalves Rodriguez vs. TAP, SRL, of 16/01/1985. In: Ramírez y Garay, Vol 90, pp. 465-473). THESIS
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1988: "The application of a rule is in force, either in space or in time, would for example apply foreign law in our courts or implement a law repealed or even has not entered into force for the time of making its decision (Judgement of the Supreme Court / SCC, 13/07/1.988, Caper and another vs SA. Cantera Catia La Mar CA; OPT / JCSJ, No. 7, 1988, pp. 95 -96. Similarly CSJ / SCC, Exp No. 90-229, 18/02/1.992, Jo Ann Leslie Jackson vs. Tiziano Dalsass Martinello, OPT / JCSJ, No. 2, 1992, pp. 239-241; CSJ / SCC, Exp No. 90-412, 30/09/1.992, Elida vs. Marisol Betancourt and another. Jeep de Venezuela, SA, OPT / JCSJ, No. 9, 1992, pp. 416-418). THESIS
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2001: "... foreign law is controllable by the Court of Appeal in cases that our law requires the application of foreign law ... should apply foreign law ex officio and falls, therefore, under the principle jura novit curia, then it is a matter of law that is perfectly controllable by the court of appeal.
THESIS :__________________________