Concise Introduction To Eu Private International Law
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Concise Introduction to EU Private International Law by Michael Bogdan Pdf
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.
EU Private International Law by Michael Bogdan,Ulf Maunsbach Pdf
This book provides an easy access to and an overview of the case law of the Court of Justice of the European Union (ECJ) pertaining to private international law. The book contains edited extracts from all ECJ decisions of immediate private international law relevance, made before October 1, 2006. Most of the cases deal with the original or amended versions of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters from 1968. These judgments retain their authority also with regard to the interpretation of Regulation No 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the so-called Brussels I Regulation). The existing ECJ case law regarding other EU regulations and directives dealing with private international law, as well as a number of relevant judgments concerning the interpretation of the EU Treaties, are also included.
Advanced Introduction to Private International Law and Procedure by Peter Hay Pdf
Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.
Boundaries of European Private International Law by Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardenes Santiago Pdf
European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).
Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book�s reputation for comprehensive cover
This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.
General Principles of European Private International Law by Stefan Leible Pdf
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.
European Private International Law by Geert van Calster Pdf
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.
Research Handbook on EU Private International Law by Peter Stone,Youseph Farah Pdf
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
Concise Introduction to Comparative Law by Michael Bogdan Pdf
In today's globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general. The book will hopefully also be useful as a spring-board towards more profound studies by students and others seeking more advanced knowledge. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
Stone on Private International Law in the European Union by Peter Stone Pdf
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.
EU law has greatly influenced national law in Scotland, the UK and the rest of Europe. As a result, private international law is an essential area of study and of increasing importance to lawyers throughout the EU. Private International Law Essentials is the concise guide to private international law that you need, whether you're studying, revising or a practicing lawyer looking for a summary the law in UK jurisdictions. David Hill looks at the key elements and issues of private international law, as well as the statutes and Conventions (e.g. Brussels, Lugano) and EU Regulations applying throughout the UK.
EU Private International Law by Michael Bogdan,Ulf Maunsbach Pdf
This book provides an easy access to, and overview of, the case law of the Court of Justice of the European Communities (ECJ) pertaining to private international law. The book contains edited extracts from all ECJ decisions of immediate private international law relevance made before October 1, 2006. Most of the cases deal with the original or amended versions of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters from 1968. These judgments retain their authority also with regard to the interpretation of Regulation No 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the so-called Brussels I Regulation). The existing ECJ case law regarding other EC regulations and directives dealing with private international law are also included, as well as a number of relevant judgments concerning the interpretation of the EC Treaty itself.
