Rome I Regulation And Employment Contracts
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Author | : Marzena Madrak |
Publisher | : Key Editore |
Total Pages | : 136 |
Release | : 2017-05-13 |
Genre | : Law |
ISBN | : 8869598624 |
The purpose of this book is to discuss the main provisions of the Rome I Regulation relating to employment contracts with an international element. It outlines two competing objectives of the regulation, namely, to increase legal certainty and predictability of the law applicable to the contract and to ensure the protection of the employee as the party to a contract viewed as being weaker. It answers the questions concerning the scope of the autonomy of the parties making the choice of law, as well as the mode of indication of the applicable law in the absence of choice. It is clear from the considerations in the book that the solution adopted for individual employment contracts expresses the will of the authors of the regulation, to ensure, first and foremost, the protection of the worker as the weaker party to a contract.
Author | : Michael McParland |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Law |
ISBN | : 9780199654635 |
The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.
Author | : Louise Merrett |
Publisher | : OUP Oxford |
Total Pages | : 0 |
Release | : 2011-11-24 |
Genre | : Law |
ISBN | : 9780199591046 |
Addressing both the common law rules on jurisdiction, and special rules on employment within the European regimes for jurisdiction and choice of law, this book provides essential information for the application of relevant rules in both employment law and private international law, and explains the context in which they operate.
Author | : Franco Ferrari |
Publisher | : Walter de Gruyter |
Total Pages | : 393 |
Release | : 2009-11-16 |
Genre | : Law |
ISBN | : 386653857X |
Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.
Author | : Franco Ferrari |
Publisher | : Cambridge University Press |
Total Pages | : 413 |
Release | : 2020-05-21 |
Genre | : Law |
ISBN | : 1108497675 |
A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Author | : María Campo Comba |
Publisher | : Springer Nature |
Total Pages | : 380 |
Release | : 2020-12-07 |
Genre | : Law |
ISBN | : 3030614816 |
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Author | : Petar Sarcevic |
Publisher | : sellier. european law publ. |
Total Pages | : 429 |
Release | : 2004-06-30 |
Genre | : Conflict of laws |
ISBN | : 3935808453 |
From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
Author | : Andrew Dickinson |
Publisher | : OUP UK |
Total Pages | : 210 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0199588465 |
This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.
Author | : Franco Ferrari |
Publisher | : sellier. european law publ. |
Total Pages | : 393 |
Release | : 2009 |
Genre | : Law |
ISBN | : 386653115X |
In Europe, will the new Rome I Regulation meet its goals, which include: improving the predictability of the outcome of litigation, bringing certainty as to the law applicable and the free movement of judgments, and designating the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument are outlined and discussed in this book, which is a product of the conference "The Rome I Regulation," held in Verona in March 2009, and attended by legal experts from Europe and beyond. The book contains a collection of papers submitted at the conference.
Author | : Alex Mills |
Publisher | : Cambridge University Press |
Total Pages | : 595 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1107079179 |
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.