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详细
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
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 edition was published in 2019.
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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.
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"Valuable for any practitioner who is engaged in any kind of transnational work, whether litigous or not" - European Competition Law Review
