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The European Private International Law of Obligations, 6th Edition

The European Private International Law of Obligations, 6th Edition

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414117549
  • 出版时间 October 2023
  • 规格: Hardback
  • 适应领域: European Union, U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,957.40

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  • 描述 
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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.

  • 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.

  • "Valuable for any practitioner who is engaged in any kind of transnational work, whether litigous or not" - European Competition Law Review

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