Concise Commentary on the Rome I Regulation PDF Download
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Author: Franco Ferrari
Publisher: Cambridge University Press
ISBN: 1108497675
Category : Law
Languages : en
Pages : 413
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Book Description
A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Author: Franco Ferrari
Publisher: Cambridge University Press
ISBN: 1108497675
Category : Law
Languages : en
Pages : 413
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Book Description
A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Author: Alexander J. Belohlávek
Publisher: Juris Publishing, Inc.
ISBN: 1578233224
Category : Law
Languages : en
Pages : 1636
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Book Description
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.
Author: Michael McParland
Publisher:
ISBN: 9780199654635
Category : Law
Languages : en
Pages : 0
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Book Description
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.
Author: Petar Sarcevic
Publisher: sellier. european law publ.
ISBN: 3935808453
Category : Conflict of laws
Languages : en
Pages : 429
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Book Description
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.
Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 386653857X
Category : Law
Languages : en
Pages : 393
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Book Description
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: Gralf-Peter Calliess
Publisher: Kluwer Law International B.V.
ISBN: 9403509147
Category : Law
Languages : en
Pages : 980
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Book Description
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.
Author: Andrew Dickinson
Publisher: OUP UK
ISBN: 0199588465
Category : Law
Languages : en
Pages : 210
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Book Description
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: Ulrich Magnus
Publisher: Walter de Gruyter
ISBN: 3866538898
Category : Law
Languages : en
Pages : 1001
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Book Description
The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.
Author: Johan Meeusen
Publisher: Intersentia nv
ISBN: 9050953727
Category : Conflict of laws
Languages : en
Pages : 404
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Book Description
The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.
Author: Gralf-Peter Calliess
Publisher:
ISBN: 9789041147547
Category : Law
Languages : en
Pages : 988
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Book Description
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"
