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The European Private International Law of Obligations

Specificaties
Gebonden, 990 blz. | Engels
Sweet & Maxwell | 6e druk, 2023
ISBN13: 9780414117549
Rubricering
Hoofdrubriek : Juridisch
Jongbloed : Europees recht
Sweet & Maxwell 6e druk, 2023 9780414117549
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Samenvatting

The European Private International Law of Obligations deals with conflict of laws as mediated by European rules and regulations. It provides unrivalled analysis of the Rome I and Rome II Regulations and their practical implications, helping practitioners interpret them since they came into force in 2009. It supplies expert commentary on the scope, principles and application of Rome I, governing the construction of contracts, and the rules governing non-contractual obligations under Rome II.

Between them the Rome Regulations comprise a common set of rules for the choice of law in international private law disputes, whether contractual or non-contractual. Practical knowledge of and guidance on the Regulations is essential for all practitioners involved in commercial transactions that involve an international element.

Features:
- Takes practitioners step by step through the Rome Regulations
- Explains the terms and concepts used in the Regulations
- Provides warnings of problems that can arise and suggests answers to problems of interpretation
- Discusses contracts of carriage, consumer contracts, insurance contracts, employment contracts, mandatory rules and ordre public, showing how Rome I applies to each
- Covers the rules governing non-contractual obligations under Rome II, including product liability, liability for breach of competition rules, intellectual property, industrial action, environmental damage, unjust enrichment, negotiorum gestio and culpa in contrahendo
- Puts the Regulations into their historical context, aiding their correct interpretation
- Covers the implementation of the Regulations in the UK, European Court of Justice cases concerning the Regulations and other related EU private international law instruments, and decisions of the English courts
- Explains how the Regulations are to be applied in the UK following the withdrawal of the UK from the EU

New to this edition:
- This edition is the first since the withdrawal of the United Kingdom from the European Union. A new chapter has been included to deal specifically with the technicalities of how Rome I and Rome II Regulations apply in the UK following the end of the transition period.
- In addition, the title has been fully reviewed and updated to take account of new cases and legislative developments since the last 2019 edition was published.

Specificaties

ISBN13:9780414117549
Taal:Engels
Bindwijze:gebonden
Aantal pagina's:990
Druk:6
Verschijningsdatum:31-10-2023
Jongbloed:Europees recht

Inhoudsopgave

Part One: Common Principles
Chapter 1: Contexts and Origins
Chapter 2: The Dividing Line between Rome I and Rome II
Chapter 3: The Country Whose Law Is to Be Applied

Part Two: Contract
Chapter 4: Legislative History and Scope of the Rome I Regulation
Chapter 5: Excluded Matters
Chapter 6: Freedom of Choice
Chapter 7: Applicable Law in Default of Choice
Chapter 8: Contracts of Carriage
Chapter 9: Consumer Contracts
Chapter 10: Insurance Contracts
Chapter 11: Employment Contracts
Chapter 12: Mandatory Rules and Ordre Public
Chapter 13: Voluntary Assignment, Subrogation, Multiple Liability and Set-off
Chapter 14: Scope of the Applicable Law, Validity and Proof Introduction
Chapter 15: Final Provisions

Part Three: The Law Applicable to Non-contractual Obligations
Chapter 16: The Scope of the Law Applicable to Non-contractual Obligations
Chapter 17: The Rome II Regulation: Legislative History and Scope
Chapter 18: The General Choice of Law Rule for Tort and Delict
Chapter 19: Product Liability
Chapter 20: Competition
Chapter 21: Environmental Damage
Chapter 22: Intellectual Property Rights
Chapter 23: Industrial Action
Chapter 24: Unjust Enrichment
Chapter 25: Negotiorum Gestio
Chapter 26: Culpa in Contrahendo
Chapter 27: Mandatory Rules and Ordre Public
Chapter 28: Direct Actions against Insurers, Subrogation and Multiple Liability
Chapter 29: Freedom to Choose and Applicable Law

Part Four: Rome I and II Regulations and the UK
Chapter 30 Application of the Rome I and Rome II Regulations in the UK after the end of the Transition Period

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