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Author : MICHAEL. WILDERSPIN
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 2023
Category : Electronic
ISBN : 0414117549
Author : THE HON MR JUSTICE RICHARD. WILDERSPIN PLENDER (MICHAEL.)
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2019
Category : Electronic
ISBN : 0414073126
Author : Jan-Jaap Kuipers
Publisher : Martinus Nijhoff Publishers
Page : 383 pages
File Size : 54,8 Mb
Release : 2011-11-25
Category : Law
ISBN : 9789004206724
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.
Author : Jürgen Basedow,Harald Baum,Yuko Nishitani,Max-Planck-Institut für Ausländisches und Internationales Privatrecht
Publisher : Mohr Siebeck
Page : 468 pages
File Size : 43,7 Mb
Release : 2008
Category : Law
ISBN : 3161495470
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 On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898.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 : Stefan Leible
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 54,8 Mb
Release : 2016-02-22
Category : Law
ISBN : 9789041159649
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.
Author : Peter Stone
Publisher : Edward Elgar Pub
Page : 562 pages
File Size : 40,6 Mb
Release : 2010
Category : Law
ISBN : 1848440839
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Author : Peter Stone,Youseph Farah
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 54,6 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781781954553
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
Author : Michael Bogdan
Publisher : Apollo Books
Page : 244 pages
File Size : 51,6 Mb
Release : 2012
Category : Civil law
ISBN : 9089521089
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.
Author : SIR RICHARD PLENDER QC (. WILDERSPIN, MICHAEL.)
Publisher : Unknown
Page : 128 pages
File Size : 41,5 Mb
Release : 2020
Category : Electronic
ISBN : 041408473X
Author : Felix M. Wilke
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2019
Category : Conflict of laws
ISBN : 1780686900
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.
Author : Geert van Calster
Publisher : Bloomsbury Publishing
Page : 531 pages
File Size : 44,8 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509942084
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.
Author : Petar Sarcevic,Paul Volken
Publisher : sellier. european law publ.
Page : 429 pages
File Size : 45,5 Mb
Release : 2004-06-30
Category : Conflict of laws
ISBN : 9783935808453
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 : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 266 pages
File Size : 41,6 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000431407
EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.
Author : María Campo Comba
Publisher : Springer Nature
Page : 380 pages
File Size : 49,6 Mb
Release : 2020-12-07
Category : Law
ISBN : 9783030614812
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Author : Nadjma Yassari
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2019
Category : Conflict of laws
ISBN : 1780686641
This book analyses the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with Third States, both from the European and the Third State perspective.
