Author | : Richard Plender |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Obligations (Law) |
ISBN | : 9780414117570 |
Author | : Richard Plender |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Obligations (Law) |
ISBN | : 9780414117570 |
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 | : 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.
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 | : 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.
Author | : Peter Stone |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Conflict of laws |
ISBN | : 9780857932495 |
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Author | : Nadjma Yassari |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Conflict of laws |
ISBN | : 9781780686646 |
This book analyses the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with Third States, both from the European and the Third State perspective.
Author | : Stefania Bariatti |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1370 |
Release | : 2011-04-13 |
Genre | : Law |
ISBN | : 1847316425 |
Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments. This title is included in Bloomsbury Professional's International Arbitration online service.