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Author: Axel Flessner
Publisher: sellier. european law publ.
ISBN: 3866530080
Category : Accounts receivable loans
Languages : en
Pages : 143
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Book Description
The assignment of contractual rights is of immense importance for the world of business and finance. Never before have assignments taken place on such a large scale as is the case in the contemporary securitisation market. Many receivables-based financial transactions, such as securitisations, are cross-border transactions. It is therefore often crucial to determine which law governs the proprietary aspects of assignment. The European Commission has, in its "proposal for a regulation on the law applicable to contractual obligations," formulated a new conflict rule referring the enforceability of an assignment against third parties to the law of the assignor's residence. This book demonstrates how the solution which has been adopted by the Commission is inadequate for receivables-based cross-border transactions. The authors argue that a cross-border assignment should, instead, be governed by the law chosen by the assignor and the assignee and, in the absence of a choice, by the law applicable to the assigned claim. The most important policy behind the Commission's conflict rule, i.e. that the assignor's creditors should be able to look to the assignor's law for registration requirements, can be realized in subtler ways, in particular by means of a special conflict rule for public filing systems. The Annexes contain the full texts of the Commission's Proposal, the UN Convention on the Assignment of Receivables, and Chapter 11 of the Principles of European Contract Law (Assignment of Claims).
Author: Axel Flessner
Publisher: sellier. european law publ.
ISBN: 3866530080
Category : Accounts receivable loans
Languages : en
Pages : 143
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Book Description
The assignment of contractual rights is of immense importance for the world of business and finance. Never before have assignments taken place on such a large scale as is the case in the contemporary securitisation market. Many receivables-based financial transactions, such as securitisations, are cross-border transactions. It is therefore often crucial to determine which law governs the proprietary aspects of assignment. The European Commission has, in its "proposal for a regulation on the law applicable to contractual obligations," formulated a new conflict rule referring the enforceability of an assignment against third parties to the law of the assignor's residence. This book demonstrates how the solution which has been adopted by the Commission is inadequate for receivables-based cross-border transactions. The authors argue that a cross-border assignment should, instead, be governed by the law chosen by the assignor and the assignee and, in the absence of a choice, by the law applicable to the assigned claim. The most important policy behind the Commission's conflict rule, i.e. that the assignor's creditors should be able to look to the assignor's law for registration requirements, can be realized in subtler ways, in particular by means of a special conflict rule for public filing systems. The Annexes contain the full texts of the Commission's Proposal, the UN Convention on the Assignment of Receivables, and Chapter 11 of the Principles of European Contract Law (Assignment of Claims).
Author: Jürgen Basedow
Publisher: Mohr Siebeck
ISBN: 9783161495472
Category : Law
Languages : en
Pages : 468
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Book Description
The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
Author: Richard Plender
Publisher:
ISBN: 9780414117570
Category : Obligations (Law)
Languages : en
Pages : 0
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Book Description
Author: Geert van Calster
Publisher: Bloomsbury Publishing
ISBN: 1509970924
Category : Law
Languages : en
Pages : 759
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Book Description
This classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book 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 private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. 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: Jürgen Basedow
Publisher: Edward Elgar Publishing
ISBN: 9781782547228
Category : Comparative law
Languages : en
Pages : 2500
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Book Description
The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
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Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author: Astrid Stadler
Publisher: Edward Elgar Publishing
ISBN: 1789906059
Category : Law
Languages : en
Pages : 399
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Book Description
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280529137
Category : Law
Languages : en
Pages : 92
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Book Description
Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.
Author: Anthony Gordon Guest
Publisher: Sweet & Maxwell
ISBN: 0414024648
Category : Law
Languages : en
Pages : 449
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Book Description
Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.
Author: Stefan Leible
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 415
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Book Description
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.
