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Rome Regulations: Commentary, 3rd Edition

Rome Regulations: Commentary, 3rd Edition

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403509112
  • 出版时间 September 2020
  • 规格: Hardback , 1016 pages
  • 适应领域: European Union ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    About this book:

    Rome Regulations is an article-by-article ‘German-style’ commentary on the Rome I, II and III Regulations on European Union (EU) conflict of laws. It describes and explains black letter law as represented by the jurisprudence of the Court of Justice of the EU (CJEU) and the Member State courts. The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the EU is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. The occasion for publishing the third edition is that several landmark judgments on the conflict of laws have been recently rendered by both the CJEU and domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the European system of conflict of laws. The extensively revised third edition reflects the effects of these major developments.

    What’s in this book:

    The commentary, authored by leading scholars of conflict of laws for an international readership and drawing on a wide spectrum of case law and scholarship, highlights long-term implications of the Rome Regulations such as the following:

    • principles of interpretation;
    • limiting the effects of forum shopping;
    • limiting the trade-restricting effects of the fragmentation of national private laws;
    • ensuring the free movement of persons;
    • enhancing legal certainty and predictability; and
    • potential solutions for an agreement-based Brexit.

    This edition is a cornerstone resource in handling European cases involving questions of conflict of laws.

    How this will help you:

    In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, this edition provides a uniquely comprehensive coverage on the European rules of the conflict of laws, covering all three Rome regulations. To this end, renowned conflict of laws scholars analyse every provision of the regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers and legal practitioners in their day-to-day work.

  • Preface

    List of Authors

    List of Abbreviations

    Introduction

    Part One: The Rome I Regulation

    Regulation (EC) No 593/2008

    Chapter I Scope

    Chapter II Uniform Rules

    Chapter III Other Provisions

    Chapter IV Final Provisions

    Part Two: The Rome II Regulation

    Chapter I Scope

    Chapter II Torts/Delicts

    Chapter III Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo

    Chapter V Common Rules

    Chapter VI Other Provisions

    Chapter VII Final Provisions

    Part Three: The Rome III Regulation

    Regulation (EC) No 1259/2010

    Chapter I Scope, Relation with Regulation (EC) No 2201/2003, Definitions and Universal Application

    Chapter II Uniform Rules on the Law Applicable to Divorce and Legal Separation

    Chapter III Other Provisions

    Chapter IV Final Provisions

  • List of Authors:

    Professor Dr. Susanne Augenhofer, Humboldt-University in Berlin

    Professor Dr. Dietmar Baetge, University of Applied Science in Wildau

    Assistant Professor Dr. Frank Bauer, University of Giessen

    Assistant Professor Dr. Katharina de la Durantaye, LL.M. (Yale), Humboldt-University in Berlin

    Professor Dr. Martin Franzen, University of Munich

    Professor Dr. Martin Gebauer, University of Tübingen

    Professor Dr. Urs Peter Gruber, University of Mainz

    Research Assistant Niklas Gröner, University of Munich

    Professor Dr. Urs Peter Gruber, University of Mainz

    Professor Dr. Axel Halfmeier, LL.M. (Michigan), Leuphana University in Frankfurt

    Professor Dr. Jan von Hein, University of Freiburg

    Dr. Hermann Hoffmann, LL.M. (George Washington University), Lawyer in Berlin

    Professor Dr. Lars Klöhn, LL.M. (Harvard), University of Munich

    Assistant Professor Dr. Kathrin Kroll-Ludwigs, Deutsches Notarinstitut in Würzburg

    Senior Research Fellow Dr. Eva Lein, The British Institute of International and Comparative Law in London

    Senior Lecturer Dr. Leander D. Loacker, M.Phil., University of Zürich

    Senior Research Fellow Tobias Pinkel, University of Bremen

    Lichtenberg Professor Dr. Moritz Renner, University of Bremen

    Visting Professor Dr. Florian Rödl, M.A. (Phil.), University of Münster

    Professor Dr. Marianne Roth, LL.M. (Harvard), University of Salzburg

    Professor Dr. Boris Schinkels, LL.M. (Cantab.), University of Greifswald

    Professor Dr. Christoph Schmid, University of Bremen

    Professor Dr. Goetz Schulze, University of Potsdam

    Professor Dr. Matthias Weller, EBS University in Wiesbaden

    Professor Dr. Volker Wiese, LL.M. (McGill), EBS University in Wiesbaden

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