JAKARTA - It is good before we study the case of international civil law, we know the understanding first. The term civil law turns out to be one of the terms in the realm of legal science that is very familiar to our ears. Usually, the term civil law is used as the 'opposite' of the term criminal law.
The term civil law can be synonymous with civielrecht or privatrecht, which is the law governing the interests of individuals or individuals. The interests of an individual or individual as a citizen need to be considered, even if he is outside his own country when undergoing his needs abroad.
Therefore, the emergence of international civil law, in general the understanding of international civil law is the whole method and legal principle that governs civil relations that cross the borders of the State or the law governing the relationship of civil law between the perpetrators of the law which are each subject to different civil (national) laws.
Understanding International Civil Law Cases According to Some ExpertsLike other areas of legal knowledge studies, the study of international civil law also has an understanding and definition that is not similar in the figures. The understanding of international civil law according to some experts can be heard as follows:
According to Prof. Dr. Mochtar Kusumaatmaja, International Civil Law is the whole rule and principle of law that adjusts civil relations through state boundaries, or in other words, laws that adjust the relationship between legal actors who are each subject to different civil (national) laws.
According to R.H Graveson, the International Civil Law concerns along with the cases in which it contains relevant facts related together with another legal system, either because its territorialists are able to raise their own legal problems or foreign laws to ascertain the case or cause problems in the implementation of the jurisdiction of the court itself or foreign.
Then in addition to the understanding of international civil law above, we are able to review also the link point of International Civil Law. Link point is a thing or condition that makes the enactment of a legal stelsel and divided into two, namely primary and secondary. The primary link point is the facet and condition or set of facts that give birth to or create a connection to international civil law, but the secondary link point is a facet or set of facts that choose which laws must be used or applicable in an International Civil Law relationship (determining link point).
In order to resolve a person's conflicts or international civil matters, we are required to understand the various understandings of international civil law that are available especially first. Then, we determine the link point of the problem, so that it can be known if it is
is the realm of international civil law or not and also the clarity of elements and facts in the field.
If the whole thing is clear, then the matter is decided. Well, after understanding the understanding of course your insight will be more developed.
Examples of recent international civil law cases and their settlementsPrada S.A. Brand Dispute Case With PT. Manggala Putra Angkasa In International Civil Law
Brand or logo is a sign in the form of images, names, words, letters, numbers, color arrangements or combinations of these elements that have differentiation and are used in the trading activities of goods and services.
A trademark is a brand used on goods traded by a person or persons collectively or a legal entity to distinguish it from other similar items.
Intellectual Property Rights problems, especially the brand field is a problem that will continue to develop following the development of the world of science.
This can be seen from the increasingly rampant crime, one of which is in the trade sector that is happening today.
Especially in the case of Prada S.A Italy as the owner of the brand Prada S.A is suing PT. Manggala Putra Perkasa.
Solution
In this case the court decided the Review No.274 PK/Pdt/2003 was declared to be the rightful property of Prada S.A. as contained in one of the amar Review Decision No.274 PK/Pdt/2003.
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