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Author : Thomas Kadner Graziano
Publisher :
Page : 0 pages
File Size : 18,34 MB
Release : 2010
Category : Obligations (Law)
ISBN :
Author : William Binchy
Publisher : BRILL
Page : 520 pages
File Size : 15,95 MB
Release : 2009-04-07
Category : Law
ISBN : 9047425251
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 : Thomas Kadner Graziano
Publisher : Hart Publishing
Page : 180 pages
File Size : 11,81 MB
Release : 2019-06-13
Category : Law
ISBN : 9781841139517
On 11 January 2009, Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) became applicable in twenty six EU Member States. The Rome II Regulation provides conflict of law rules for tort and delict, unjust enrichment, negotiorum gestio and culpa in contrahendo. In particular, the Rome II Regulation sets out specific rules governing product liability, unfair competition and acts restricting free competition, environmental damage, infringement of intellectual property rights, and industrial action. This book is a comprehensive guide to the Rome II Regulation. It presents the rules designating the applicable law according to Rome II and explores the raisons d'�tres behind these rules. The book presents numerous case scenarios and explains what the applicable law should be under the Rome II Regulation. As such it is a comprehensive handbook providing the practitioner with explanations of how the regulation could and should be interpreted and applied.
Author : Jan-Jaap Kuipers
Publisher : Martinus Nijhoff Publishers
Page : 383 pages
File Size : 29,58 MB
Release : 2011-11-25
Category : 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 : Maya Mandery
Publisher : Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies
Page : 0 pages
File Size : 13,77 MB
Release : 2014
Category : Conflict of laws
ISBN : 9783631653210
This study examines the principle party autonomy as provided for in the European Rome I Regulation and the Rome II Regulation. It critically reflects on the position of the freedom to choose the law in contract and tort in the common law jurisdictions of Australia, New Zealand, Canada and Singapore. It calls to reform the common law approach.
Author : Andrew Dickinson
Publisher : OUP UK
Page : 210 pages
File Size : 16,18 MB
Release : 2010
Category : 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 : Walter de Gruyter
Page : 393 pages
File Size : 28,33 MB
Release : 2009-11-16
Category : 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 : Emmanuel Guinchard
Publisher :
Page : 0 pages
File Size : 32,8 MB
Release : 2020
Category : 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 : Gralf-Peter Calliess
Publisher : Kluwer Law International B.V.
Page : 980 pages
File Size : 27,54 MB
Release : 2020-08-10
Category : Law
ISBN : 9403509147
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.