LAWS758 - Private International Law Assignment

Assignment Task

Questions

1. Bettina Buscetta a businesswoman from Italy, and Cosmo Cash a businessman from Auckland, met on a Qantas flight from Sydney to Auckland in June 2018. C was very impressed with the stylish shoes that B was wearing and, upon further inquiry, discovered that she was the owner of Milano, the biggest shoe designing and manufacturing company in Italy. In fact, she was looking for shoe stores ‘down under’ to promote Milano’s latest summer range and to sell them at a special price for the first six months. As it happened, C was the owner of two exclusive shoe boutiques in Sydney and Auckland, and immediately decided to get in on the deal. So, over a bottle of wine in First Class, B (on behalf of Milano) and C agreed that the first promotional batch of shoes would be delivered to C on 25 November 2018, just in time for the Christmas season. In turn, C agreed to embark on an extensive advertising campaign for the new range of shoes. They also agreed to explore the possibility of entering into a formal partnership for the exclusive marketing of future lines of shoes, depending, of course, on the success of their first venture. When they arrived in Auckland, B and C finalised the terms of the contract. One of the terms provided that: ‘This contract shall be construed in accordance with Italian law.’ B and C both signed the contract in the presence of C’s solicitor.

2. Homer was a Romanian national at all relevant times. He had been domiciled in Hungary since birth. He executed a will in Hungary in 2018, which was signed and witnessed by two witnesses, but not sealed or notarised. In his will, he left all his property ‘to my children in equal portions.

Informations

• Under both Hungarian and Romanian law, a will must be sealed and notarised to be validly executed;

• Under Hungarian law, the question of formal validity of a will is governed by the law of the testator’s nationality at the time of executing the will;

• Under Hungarian testate and intestate succession law, children under 18 years old cannot inherit; • Under Romanian law, ex-nuptial children cannot inherit, and are not regarded as ‘children’ for the purposes of testate or intestate succession;

• Under New Zealand and English intestate succession law, all children inherit equally regardless of whether they are born within a marriage or civil union, or are ex-nuptial;

• Under Hungarian intestate succession law, succession to both movable and immovable property is governed by the law of the testator’s nationality at the time of death;

• Hungary and Romania adopt a ‘no renvoi’ approach.

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