The Rome I Regulation On The Law Applicable To Contractual Obligations
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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 | : 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 | : 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 | : 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 | : 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 | : John Ahern |
Publisher | : BRILL |
Total Pages | : 521 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004171932 |
The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.
Author | : Jan-Jaap Kuipers |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 383 |
Release | : 2011-11-25 |
Genre | : Law |
ISBN | : 9004206728 |
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
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 | : Emmanuel Guinchard |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Conflict of laws |
ISBN | : 9781780686714 |
This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union as applied before the Courts. It is a valuable resource for practitioners, the judiciary, and academics who are interested in understanding how EU law is applied on national level.
Author | : Pedro De Miguel Asensio |
Publisher | : Edward Elgar Publishing |
Total Pages | : 561 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 1035315130 |
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.