Table of Contents -- List of Authors -- Preface: The Project -- List of Abbreviations -- Chapter 1 General Report on the Application of Foreign Law by Judicial and Non-Judicial Authorities in Europe (Project JLS / CJ / 2007-1 / 03) -- I. Introduction -- II. Application of Foreign law by Judicial Authorities in Europe -- 1. Introduction: the factual / legal condition of foreign law before national courts -- a. Legal nature of foreign law -- b. Factual nature of foreign law -- c. Hybrid nature of foreign law -- d. Conclusion: the lack of a valid and effective response -- 2. The introduction of foreign law in the case at stake -- a. The condition granted to choice-of-law rules and the application of foreign law -- b. The pleading of foreign law before national courts -- i) Countries endorsing the legal nature of foreign law -- ii) Countries endorsing the factual nature of foreign law -- iii) Countries endorsing the hybrid nature of foreign law -- iv) Conclusion: inconsistencies exist between the theoretical approach upheld and its practical implementation -- c. Application of foreign law by courts and the "iura novit curia" principle -- i) EU Member States endorsing the factual condition of foreign law -- ii) EU Member States endorsing the hybrid nature of foreign law -- iii) EU Member States endorsing the legal condition of foreign law -- d. The supplementary role played by the parties as regards the pleading of foreign law -- 3. The ascertainment of the content of foreign law -- a. The role played by the court and the parties as regards the ascertainment of the content of foreign law -- i) Countries Endorsing the legal nature of foreign law -- ii) Countries Endorsing the factual nature of foreign law -- iii) Countries Endorsing the hybrid nature of foreign law.

b. The means used to ascertain the content of foreign law -- i) EU Member States awarding legal condition to foreign law -- ii) EU Member States awarding factual condition to foreign law -- iii) EU Member States awarding hybrid condition to foreign law -- iv) Some conclusions -- c. Existence and application of bilateral / multilateral conventions as regards foreign law -- d. Proof of the content of foreign law and legal aid -- i) EU Member States awarding legal condition to foreign law -- ii) EU Member States awarding either factual or hybrid condition to foreign law -- e. When is the content of foreign law deemed suffciently ascertained? -- 4. The application of foreign law -- a. How is foreign law applied by the judge? -- b. What happens in those cases the court considers that the content of foreign law has not been ascertained? -- c. Refusal of application of foreign law -- 5. May the application of foreign law be reviewed by the courts? -- III. The Application of Foreign Law by Non-Judicial Authorities in Europe -- 1. Introduction -- 2. The meaning of "non-judicial authorities" regarding the application of foreign law -- 3. Non-judicial authorities and the application of foreign law -- 4. The role played by the parties and non-judicial authorities regarding the application of foreign law -- 5. Consequences of the lack of ascertainment of the content of foreign law -- 6. Some conclusions -- IV. Final Remarks -- "Principles for a Future EU Regulation on the Application of Foreign Law ("The Madrid Principles") -- Chapter 2 -- Austria and Germany -- I. Application of Foreign Law by Judicial Authorities -- 1. Ex offcio ascertainment of foreign law -- a. General rule -- b. Legal reality -- c. Gapflling -- 2. Modifcations of the principle of iura novit curia -- 3. Role of the parties.

4. Means of ascertainment used by the court -- 5. Suffcient proof -- 6. In case foreign law cannot be ascertained: application of the lex fori -- 7. Review of judgments rendered on the basis of foreign law -- 8. Costs -- II. Application of Foreign Law by Non-Judicial Authorities -- III. Evaluation of the Austrian / German rule -- 1. Broad acceptance of the ex offcio approach -- 2. Remaining questions -- Baltic Countries -- I. Application of Foreign Law by Judicial Authorities -- 1. General overview -- 2. Nature of foreign law -- 3. The role of the court and parties regarding the pleading and proof of foreign law -- 4. When and how foreign law is deemed proved -- 5. Grounds for rejecting the application of foreign law -- 6. Possibilities to review judgment rendered on the basis of foreign law -- 7. Conventions regarding the application of foreign law -- II. Application of Foreign Law by Non-Judicial Authorities -- Belgium -- I. Application of Foreign Law by Judicial Authorities -- 1. Nature of foreign law in Belgium -- 2. Pleading and proof of foreign law: role of the parties and the judge -- 3. Means of ascertainment of foreign law -- 4. When and how foreign law is deemed established in time? -- 5. How does a court apply foreign law? -- 6. How can gaps be flled and what happens in case of lack of ascertainment of foreign law? -- 7. When and how may the application of foreign law be rejected by the court? -- 8. Review of the judgment rendered on the basis of foreign law -- II. Application of Foreign Law by Non-Judicial authorities -- Bulgaria -- I. Introduction -- II. Legal Rules on Application of Foreign Law -- 1. Code of Private International Law -- 2. International Conventions on proof of foreign law -- III. Application of Foreign Law by Judicial Authorities -- 1. Legal nature of foreign law.

2. The principle "iura novit curia" -- 3. Pleading and proof of foreign law -- 4. Lack of proof of foreign law -- 5. Costs for ascertainment of the foreign law -- 6. Appeal based on the insuffcient or incorrect application / interpretation of foreign law -- 7. Rejection of application of foreign law -- IV. Main Features of the Application of Foreign Law by Non-Judicial Authorities -- 1. Non-judicial authorities applying foreign law -- 2. Application of foreign law by non-judicial authorities -- 3. Pleading and proof of foreign law by non-judicial authorities -- V. Conclusion -- Cyprus -- I. General Overview -- II. Pleading Foreign Law -- III. Proving Foreign Law -- IV. The Role of the Trial Judge -- V. Failure to Prove Foreign Law -- VI. The Right to Review Foreign Law -- VII. Review of Foreign Law on Appeal -- VIII. Concluding Remarks -- Czech Republic and Slovak Republic -- I. Application of Foreign Law by Judicial Authorities -- 1. General introduction -- 2. Brief history of legal regulation -- 3. Fundamental principles of the current legal regulation regarding the application of foreign law -- a. Duty to apply foreign law -- b. Foreign law is treated as law -- c. The principle "iura novit curia" and the duty to ascertain the content of foreign law -- d. Application of foreign law -- e. Exceptions -- 4. Ascertaining of the content of foreign law -- 5. Application of the lex fori instead of foreign law -- 6. Review of the judgment rendered on the basis of foreign law -- II. Application of Foreign Law by Non-Judicial Authorities -- 1. General introduction -- 2. Review of the decision rendered on the basis of foreign law -- France -- I. Introduction -- II. The Application of Foreign Law by Judicial Authorities -- 1. The introduction of foreign law in the case.

a. The ubiquitous distinction of available and unavailable rights -- b. The mandatory character of the choice of law rule when unavailable rights are involved -- c. The optional application of the choice of law rule when available rights are involved -- 2. The ascertainment of foreign law -- a. The burden of proof -- b. The available modes of proof -- c. The interpretation of foreign sources -- d. Failure to establish foreign law -- 3. The exclusion of foreign law on the ground of public policy -- a. The French doctrine of "ordre public international" -- b. The activation of the public policy mechanism -- 4. Wrongful application of foreign law -- a. The theory of equivalence -- b. The grounds of the review of appellate decisions by the Cour de cassation -- III. The Application of Foreign Law by Non-Judicial Authorities -- 1. The introduction of foreign law in the case -- 2. The ascertainment of foreign law -- 3. The exclusion of foreign law -- Greece -- I. Introduction -- II. Historical Background: The Treatment of Foreign Law Under the Code of Civil Procedure of 1834 -- III. Legal Nature of Foreign Law -- IV. The Judicial Treatment of Foreign Law -- V. Proof of Foreign Law -- VI. The Consequences of the Failure to Prove Foreign Law -- VII. Judicial Control -- VIII. Public Policy -- Hungary -- I. Application of Foreign Law by Judicial Authorities -- 1. General overview -- 2. Legal nature of foreign law in Hungary -- 3. The role played by the judge and by the parties as regards proof of foreign law and the ascertainment of the content of foreign law -- 4. When and how is foreign law deemed proved? -- 5. How is foreign law applied by the court and how are gaps flled? -- 6. When and how may the application of foreign law be rejected by the court?.

7. Possibilities of reviewing the judgment rendered on the basis of foreign law by upper courts.