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The Rome I Regulation On The Law Applicable To Contractual Obligations
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Book Synopsis Rome I Regulation by : Franco Ferrari
Download or read book Rome I Regulation written by Franco Ferrari and published by sellier. european law publ.. This book was released on 2009 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Rome I Regulation on the Law Applicable to Contractual Obligations by : Michael McParland
Download or read book The Rome I Regulation on the Law Applicable to Contractual Obligations written by Michael McParland and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Rome I Regulation on the Law Applicable to Contractual Obligations by : Michael McParland
Download or read book The Rome I Regulation on the Law Applicable to Contractual Obligations written by Michael McParland and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive commentary on the provisions of the Rome I Regulation on the Law Applicable to Contractual Obligations (EC) 593/2008 analysing its evolution from the Rome Convention 1980 and setting the Regulation in practical context.
Book Synopsis Rome Convention - Rome I Regulation by : Alexander J. Belohlávek
Download or read book Rome Convention - Rome I Regulation written by Alexander J. Belohlávek and published by Juris Publishing, Inc.. This book was released on 2011-01-01 with total page 1636 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 17 December 2010, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations is directly applicable in all EU Member States with the exception of Denmark. The Rome I Regulation replaces the Rome Convention of 1980 in the EU Member States and will apply to all contracts concluded as of 17 December 2010. However, and herein lies the utility and great importance of this work, the Rome Convention and the Rome I Regulation will be applied in parallel for a significant time to come (the author himself anticipates a ten-to-fifteen year period); in the latter case to contracts made after 17 December, 2010. This is why this commentary takes into account both sources of law, in their mutual interaction and broader context. The comprehensiveness of the Rome Convention / Rome I Regulation is clearly apparent, but one of the great achievements of the author is his amassing of over 1,800 judicial decisions, most of which are furnished with a detailed commentary; where these decisions apply national laws, the latter are cited both in the original and in translation. For a number of rulings, the commentary include not only a case summary of the facts and an analysis of the conclusions drawn by the court, but also takes them as models to hypothesize what conclusions would be reached if the Rome I Regulation were to be applied.
Book Synopsis Yearbook of Private International Law by : Petar Sarcevic
Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2004-06-30 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rome Regulations by : Gralf-Peter Calliess
Download or read book Rome Regulations written by Gralf-Peter Calliess and published by Kluwer Law International B.V.. This book was released on 2020-08-10 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
Book Synopsis Concise Commentary on the Rome I Regulation by : Franco Ferrari
Download or read book Concise Commentary on the Rome I Regulation written by Franco Ferrari and published by Cambridge University Press. This book was released on 2020-05-21 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Book Synopsis The Rome II Regulation on the Law Applicable to Non-Contractual Obligations by : William Binchy
Download or read book The Rome II Regulation on the Law Applicable to Non-Contractual Obligations written by William Binchy and published by BRILL. This book was released on 2009-04-07 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Rome II Regulation by : Andrew Dickinson
Download or read book The Rome II Regulation written by Andrew Dickinson and published by OUP UK. This book was released on 2010 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Rome I Regulation by : Franco and Stefan Leible (Eds.) Ferrari
Download or read book The Rome I Regulation written by Franco and Stefan Leible (Eds.) Ferrari and published by . This book was released on 2009 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Law and Private International Law by : Jan-Jaap Kuipers
Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law by : María Campo Comba
Download or read book The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law written by María Campo Comba and published by Springer Nature. This book was released on 2020-12-07 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rome I and Rome II in Practice by : Emmanuel Guinchard
Download or read book Rome I and Rome II in Practice written by Emmanuel Guinchard and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rome Regulations by : Gralf-Peter Calliess
Download or read book Rome Regulations written by Gralf-Peter Calliess and published by . This book was released on 2015 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the so-called Rome I and II Regulations the Member States of the European Union are bound to a common set of rules for the choice of law in international private law disputes. They apply to both contractual and non-contractual disputes, their reach even extends to the application of non-Member State law. This poses great challenges to Courts and practitioners in every EU Member State, as there is only little case-law and doctrinal literature on the new rules, the uniform application of which will be overseen by the European Court of Justice. The Commentary answers to these challenges. It is an indispensable companion for both academics and legal professionals seeking their way through the Regulations. Renowned conflict of laws scholars comment every provision of the Regulations in a systematic, thorough and comprehensive manner, making them accessible to a broad international legal audience. Mirroring the German tradition of scholarly commentaries on Parliamentary Acts, the authors are selected from the distinguished group of relatively young German private international law scholars, whose exceptionally high qualifications are represented by their passing through the German Habilitation -system (second book requirement) as well as their proven ability to publish in the English language. The editor Gralf-Peter Calliess holds the chair for Private Law, Private International Law, International Business Law and Legal Theory at the faculty of Law of the University of Bremen. List of Authors: Professor Dr. Dietmar Baetge, University of Applied Science Wildau Assistant Professor Dr. Frank Bauer, University of Giessen Professor Dr. Benedikt Buchner, LL.M. (UCLA), University of Bremen Professor Dr. Martin Franzen, University of Munich Professor Dr. Martin Gebauer, University of Tuebingen Professor Dr. Urs Peter Gruber, University of Mainz Professor Dr. Axel Halfmeier, Frankfurt School of Finance Professor Dr. Jan von Hein, University of Trier Professor Dr. Lars Klohn, LL.M. (Harvard), University of Munich Senior Lecturer Dr. Leander D. Loacker, University of Zurich Assistant Professor Moritz Renner, University of Bremen Assistant Professor Dr. Florian Roedl, University of Frankfurt Professor Dr. Boris Schinkels, LL.M. (Cambridge), University of Greifswald Professor Dr. Christoph Schmid, University of Bremen Professor Dr. Goetz Schulze, University of Potsdam Prof. Dr. Matthias Weller, EBS Wiesbaden"
Book Synopsis Rome I Regulation on the Law Applicable to Contractual Obligations Project by : Yvonne Goldammer
Download or read book Rome I Regulation on the Law Applicable to Contractual Obligations Project written by Yvonne Goldammer and published by . This book was released on 2008 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is devoted to analyse the drafting process of Rome I regulation and highlight certain challenges that emerge during the preparation of the new regulation. Authors inter alia pinpoint dubious solutions of the Rome I proposal. In particular, proposed conflict of laws rules to the situations where there is an absence of choice of law by the parties and consumer contract are considered as not satisfactory. They merely represent the manifold approaches of different interest groups without giving more legal certainty. In particular, multi-level exceptions should be once again reconsidered by the European legislator since they only create additional confusion instead of legal clarity. Otherwise, if reservations to Rome I Regulation made by some of the states will not be removed, the adoption of a new Rome I Regulation as it stands now will signify deceiving illusion of uniform European conflict of law of contractual obligations.
Book Synopsis Conflict of Laws and the Internet by : Pedro De Miguel Asensio
Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Chinese Contract Law - Theory & Practice, Second Edition by : Mo Zhang
Download or read book Chinese Contract Law - Theory & Practice, Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
