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The European Private International Law of Obligations 5th ed

The European Private International Law of Obligations 5th ed

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414073128
  • 出版时间 December 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 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.

    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

  • 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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