Author: Geert van Calster
Publisher: Bloomsbury Publishing
ISBN: 1509942084
Category : Law
Languages : en
Pages : 531
Book Description
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.
European Private International Law
Author: Geert van Calster
Publisher: Bloomsbury Publishing
ISBN: 1509942084
Category : Law
Languages : en
Pages : 531
Book Description
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.
Publisher: Bloomsbury Publishing
ISBN: 1509942084
Category : Law
Languages : en
Pages : 531
Book Description
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.
Stone on Private International Law in the European Union
Author: Peter Stone
Publisher: Edward Elgar Publishing
ISBN: 1784712663
Category : Law
Languages : en
Pages : 967
Book Description
Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
Publisher: Edward Elgar Publishing
ISBN: 1784712663
Category : Law
Languages : en
Pages : 967
Book Description
Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
A Conceptual Analysis of European Private International Law
Author: Felix M. Wilke
Publisher:
ISBN: 9781780686905
Category : Conflict of laws
Languages : en
Pages : 0
Book Description
This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.
Publisher:
ISBN: 9781780686905
Category : Conflict of laws
Languages : en
Pages : 0
Book Description
This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.
EU Law and Private International Law
Author: Jan-Jaap Kuipers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206728
Category : Law
Languages : en
Pages : 383
Book Description
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.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206728
Category : Law
Languages : en
Pages : 383
Book Description
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.
EU Private International Law
Author: Peter Stone
Publisher:
ISBN: 9780857932495
Category : Conflict of laws
Languages : en
Pages : 0
Book Description
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Publisher:
ISBN: 9780857932495
Category : Conflict of laws
Languages : en
Pages : 0
Book Description
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Research Handbook on EU Private International Law
Author: Peter Stone
Publisher: Edward Elgar Publishing
ISBN: 1781954550
Category : Law
Languages : en
Pages : 423
Book Description
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
Publisher: Edward Elgar Publishing
ISBN: 1781954550
Category : Law
Languages : en
Pages : 423
Book Description
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
General Principles of European Private International Law
Author: Stefan Leible
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 415
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.
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 415
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.
Latest Developments in EU Private International Law
Author: Beatriz Campuzano Díaz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 202
Book Description
The European Union is committed to achieving the goal of creating a network of instruments that will comprehensively cover almost all the aspects of private international law. This will significantly affect the freedom of national legislators to undertake their law-making tasks. However, these two proceedings should not be contrary. As this book demonstrates, European harmonization is being developed from the feedback of the national experiences. The book is the outcome of theoretical and practical research carried out by a group of legal experts from different specialties and jurisdictions. It includes several contributions in the fields of the recently adopted instruments of private international law (e.g., mediation in civil and commercial matters, maintenance obligations, or conflict of law rules on divorce), some national experiences when applying these instruments (in particular in the new EU Member States), and also, the ongoing works in order to review some current instruments (Brussels I) or to approve new ones (e.g., successions or matrimonial property regimes). In conclusion, the book offers an updated and critical contribution to the huge common task of elaboration of a European private international law adopted by the EU institutions.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 202
Book Description
The European Union is committed to achieving the goal of creating a network of instruments that will comprehensively cover almost all the aspects of private international law. This will significantly affect the freedom of national legislators to undertake their law-making tasks. However, these two proceedings should not be contrary. As this book demonstrates, European harmonization is being developed from the feedback of the national experiences. The book is the outcome of theoretical and practical research carried out by a group of legal experts from different specialties and jurisdictions. It includes several contributions in the fields of the recently adopted instruments of private international law (e.g., mediation in civil and commercial matters, maintenance obligations, or conflict of law rules on divorce), some national experiences when applying these instruments (in particular in the new EU Member States), and also, the ongoing works in order to review some current instruments (Brussels I) or to approve new ones (e.g., successions or matrimonial property regimes). In conclusion, the book offers an updated and critical contribution to the huge common task of elaboration of a European private international law adopted by the EU institutions.
The European Union and Customary International Law
Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
ISBN: 1108832970
Category : Law
Languages : en
Pages : 337
Book Description
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Publisher: Cambridge University Press
ISBN: 1108832970
Category : Law
Languages : en
Pages : 337
Book Description
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Concise Introduction to EU Private International Law
Author: Michael Bogdan
Publisher: Apollo Books
ISBN: 9789089521088
Category : Law
Languages : en
Pages : 244
Book Description
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.
Publisher: Apollo Books
ISBN: 9789089521088
Category : Law
Languages : en
Pages : 244
Book Description
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.