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Cases And Materials On Eu Private International Law
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Book Synopsis Cases and Materials on EU Private International Law by : Stefania Bariatti
Download or read book Cases and Materials on EU Private International Law written by Stefania Bariatti and published by Bloomsbury Publishing. This book was released on 2011-04-13 with total page 1370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Conflict of Laws written by Peter Hay and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: •Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Book Synopsis International Commercial Litigation by : Trevor C. Hartley
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Book Synopsis Cases and Materials on the EU Private International Law by : Nuray Ekşi
Download or read book Cases and Materials on the EU Private International Law written by Nuray Ekşi and published by . This book was released on 2006 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Private International Law by : Peter Stone
Download or read book EU Private International Law written by Peter Stone and published by Edward Elgar Pub. This book was released on 2010 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Book Synopsis Research Handbook on EU Private International Law by : Peter Stone
Download or read book Research Handbook on EU Private International Law written by Peter Stone and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 subst
Book Synopsis Boundaries of European Private International Law by : Jean-Sylvestre Bergé
Download or read book Boundaries of European Private International Law written by Jean-Sylvestre Bergé and published by Primento. This book was released on 2015-04-22 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Concise Introduction to EU Private International Law by : Michael Bogdan
Download or read book Concise Introduction to EU Private International Law written by Michael Bogdan and published by Apollo Books. This book was released on 2012 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise book is mainly intended to be used as an introduction to the rules of private international law belonging to the legal system of the European Union. It provides legal practitioners with an overview of this highly complex field of law and can serve as an introductory textbook in elective undergraduate courses and master programs offered today by many law schools both to their own students and to exchange students from other countries. The book will hopefully also be useful as a spring-board towards more profound studies of statutory texts, case law and legal literature. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
Book Synopsis EU Private International Law by : Michael Bogdan
Download or read book EU Private International Law written by Michael Bogdan and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an easy access to and an overview of the case law of the Court of Justice of the European Union (ECJ) pertaining to private international law. The book contains edited extracts from all ECJ decisions of immediate private international law relevance, made before October 1, 2006. Most of the cases deal with the original or amended versions of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters from 1968. These judgments retain their authority also with regard to the interpretation of Regulation No 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the so-called Brussels I Regulation). The existing ECJ case law regarding other EU regulations and directives dealing with private international law, as well as a number of relevant judgments concerning the interpretation of the EU Treaties, are also included.
Book Synopsis Cases, Materials and Text on European Law and Private Law by : Arthur Hartkamp
Download or read book Cases, Materials and Text on European Law and Private Law written by Arthur Hartkamp and published by Bloomsbury Publishing. This book was released on 2017-03-09 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.
Book Synopsis Cases and Materials on International Law by : David John Harris
Download or read book Cases and Materials on International Law written by David John Harris and published by . This book was released on 2004 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text draws together in one volume an exhaustive selection of cases, materials and background information on public international law, supplemented by expert commentary and analysis. This sixth edition has been completely revised to incorporate major developments in the subject, including the expansion of human rights issues.
Download or read book EU LAW written by PAUL. CRAIG and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Private International Law by : Geert van Calster
Download or read book European Private International Law written by Geert van Calster and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Commercial Litigation by : Trevor C. Hartley
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2020-05-07 with total page 1035 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.
Book Synopsis General Principles of European Private International Law by : Stefan Leible
Download or read book General Principles of European Private International Law written by Stefan Leible and published by Kluwer Law International B.V.. This book was released on 2016-02-22 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Conflict of Laws written by Peter Hay and published by . This book was released on 2008-04-09 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008 Supplement to Conflict of Laws, Twelfth Edition, prepared by Peter Hay (Emory), Russell J. Weintraub (Texas), and Patrick J. Borchers (Creighton), continues the tradition of carefully prepared annual supplements to this widely-used casebook. The 2008 Supplement is longer than past Supplements because it anticipates some of the changes in the forthcoming Thirteenth Edition, which will be published in 2009. Added as a principal case is the 2006 decision by the House of Lords extending the rule that quantification of damages is "procedural" to include statutory limits on damages. The Law Lords thus justify refusal to apply New South Wales statutory limits on damages to a suit in England even though the U.K choice-of-law rule selects New South Wales law. New items in the 2008 Supplement include: a 5th Circuit opinion denying specific jurisdiction to adjudicate a wrongful death claim against a defendant on a defective design theory when the court had jurisdiction to adjudicate the claim under other theories; a Supreme Court of Texas opinion deciding the manner in which forum contacts must be related to the cause of action to satisfy the "arise from or related to" requirement of specific jurisdiction; the French Cour de Cassation stated rules that give generous comity to foreign judgments; the National Conference of Commissioners on Uniform State Laws approved a revision of the Uniform Foreign-Country Money Judgments Recognition Act; the Uniform Law Conference of Canada adopted the Canadian Uniform Enforcement of Foreign Judgments Act, which limits the generous comity that the Supreme Court of Canada has given to foreign judgments; Japan adopted a new conflict of laws code; the Supreme Court of Texas enforced a forum-selection clause in a contract that also contained a choice-of-law clause that a Texas court would not enforce but would be enforced in the chosen forum. There is coverage of developments both in the U.S. and in other countries regarding same-sex legal relationships and their incidents. This topic is already an important source of conflict-of-laws issues and will grow in importance as more U.S. states and foreign countries adopt various forms of such arrangements. In keeping with the comparative approach of the book, the supplement also notes many developments abroad including an opinion of the Court of Justice of the European Communities interpreting the Brussels-I Regulation to further restrict English courts' ability to grant forum non conveniens stays; an opinion of the Supreme Court of Canada extending broad comity to the enforcement of foreign judgments. A feature of the 2008 Supplement is a substantial addition to the casebook's Documentary Appendix that contains more European Union legislation concerning the conflict of laws including: a Council Directive on legal aid for cross-border disputes; the latest and perhaps final draft of a Regulation to replace the Rome Convention on the Law Applicable to Contractual Obligations; a Regulation on the Law Applicable to Non-Contractual Obligations, a draft Regulation that amends the Regulation on jurisdiction and enforcement of judgments in matrimonial matters and introduces rules on the law applicable in matrimonial matters. The Supplement's Documentary Appendix contains extensive notes and comments on the documents.
Book Synopsis Conflict of Laws: A Comparative Approach by : Cuniberti, Gilles
Download or read book Conflict of Laws: A Comparative Approach written by Cuniberti, Gilles and published by Edward Elgar Publishing. This book was released on 2022-02-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
