A Conceptual Analysis of European Private International Law

A Conceptual Analysis of European Private International Law
Author: Felix M. Wilke
Publisher:
Total Pages: 0
Release: 2019
Genre: Conflict of laws
ISBN: 9781780686905

This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.

European Private International Law

European Private International Law
Author: Geert van Calster
Publisher: Bloomsbury Publishing
Total Pages: 531
Release: 2021-01-14
Genre: Law
ISBN: 1509942084

This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

Boundaries of European Private International Law

Boundaries of European Private International Law
Author: Jean-Sylvestre Bergé
Publisher: Primento
Total Pages: 747
Release: 2015-04-22
Genre: Law
ISBN: 2802751646

European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).

Corporations in Private International Law

Corporations in Private International Law
Author: Stephan Rammeloo
Publisher: Oxford University Press, USA
Total Pages: 404
Release: 2001
Genre: Business & Economics
ISBN: 9780198299257

This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.

Private International Law

Private International Law
Author: Franco Ferrari
Publisher: Edward Elgar Publishing
Total Pages: 520
Release: 2019-12-27
Genre: Law
ISBN: 1789906903

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

General Principles of European Private International Law

General Principles of European Private International Law
Author: Stefan Leible
Publisher: Kluwer Law International B.V.
Total Pages: 418
Release: 2016-02-22
Genre: Law
ISBN: 9041159649

European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

Imperativeness in Private International Law

Imperativeness in Private International Law
Author: Giovanni Zarra
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9789462655003

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

The Protection of Weaker Parties in the Private International Law of the European Union

The Protection of Weaker Parties in the Private International Law of the European Union
Author: Giesela Ruhl
Publisher:
Total Pages: 21
Release: 2017
Genre:
ISBN:

The principle of party autonomy is one of the “cornerstones” of European private international law including the law of international civil procedure. It is deeply embedded in most of the regulations that have been adopted by the European legislator over the last 15 years: the Brussels I Regulation, the Rome I and II Regulations, the Maintenance Regulation as well as the Succession Regulation. However, in enacting the pertaining provisions the European legislator has opted for a sectoral approach focusing on individual legal fields. It has, thereby, lost sight of the regulation of party autonomy in other legal fields and adopted different rules to deal with the same problem. The following article sheds light on the coherence of European private international law taking the protection of weaker parties from the dangers of party autonomy as an example. It analyses which parties are perceived to be weaker in the European Private International Law of contractual and non-contractual obligations, family as well as succession law and sheds light on the various regulatory approaches applied to protect these parties. The article demonstrates that the European legislator does not follow a coherent conceptual path and argues that there is - in general - a need for a more holistic analysis of European private international law that encompasses the legal field and its underlying regulatory problems as such and across the board.

Research Handbook on EU Private International Law

Research Handbook on EU Private International Law
Author: Peter Stone
Publisher:
Total Pages: 424
Release: 2017-05-26
Genre:
ISBN: 9781788111225

The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights.

Research Methods in Private International Law

Research Methods in Private International Law
Author: Xandra Kramer
Publisher: Edward Elgar Publishing
Total Pages: 409
Release: 2024-05-02
Genre: Law
ISBN: 1800375530

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.