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The European Private International Law of Obligations

Autor Sir Richard Plender QC, Michael Wilderspin
en Limba Engleză Hardback – 30 dec 2019

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.

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 European jurisdictions.

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, recent European Court of Justice cases concerning other EC private international law instruments, and new decisions of the English courts
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Specificații

ISBN-13: 9780414073128
ISBN-10: 0414073126
Pagini: 914000
Dimensiuni: 391 x 173 x 51 mm
Greutate: 0.5 kg
Editura: Sweet & Maxwell

Cuprins

Contents:

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: Negostiorum Gusto

Chapter 26: Culpa in Contrahendo

Chapter 27: Mandatory Rules and Ordre Public

Chapter 28: Direct Actions against Insurers

Chapter 29: Freedom to Choose and Applicable Law

 

Appendices.