Rome Regulations. Commentary on the European Rules of the Conflict of Laws

Rome Regulations. Commentary on the European Rules of the Conflict of Laws

by Calliess
ISBN-10:
9041125868
ISBN-13:
9789041125866
Pub. Date:
01/15/2011
Publisher:
Wolters Kluwer Law & Business

Hardcover

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Overview

Rome Regulations. Commentary on the European Rules of the Conflict of Laws

The year 2009 marks a revolution in European conflict of laws. The so-called Rome I and II Regulations, both entering into force this year, will bind the Member States of the European Union to a common set of rules for the choice of law in international private law disputes. They apply to both contractual and non-contractual disputes, their reach even extends to the application of non-Member State law. This poses great challenges to Courts and practitioners in every EU Member State, as there is only little case-law and doctrinal literature on the new rules, the uniform application of which will be overseen by the European Court of Justice. The Commentary answers to these challenges. It is an indispensable companion for both academics and legal professionals seeking their way through the Regulations. Renowned conflict of laws scholars comment every provision of the Regulations in a systematic, thorough and comprehensive manner, making them accessible to a broad international legal audience.

Mirroring the German tradition of scholarly commentaries on Parliamentary Acts, the authors are selected from the distinguished group of relatively young German private international law scholars, whose exceptionally high qualifications are represented by their passing through the German “Habilitation“-system (second book requirement) as well as their proven ability to publish in the English language .

The editor Gralf-Peter Calliess holds the chair for Private Law, Private International Law and International Commercial Law at the faculty of Law of the University of Bremen.

The authors: Professor Dr. Dietmar Baetge, University of Hamburg

Assistant Professor Dr. Frank Bauer, University of Munich

Professor Dr. Benedikt Buchner, LL.M. (UCLA), University of Bremen

Professor Dr. Martin Franzen, University of Munich

Professor Dr. Martin Gebauer, University of Heidelberg

Professor Dr. Urs Peter Gruber, University of Halle

Professor Dr. Axel Halfmeier, Frankfurt School of Finance

Professor Dr. Jan von Hein, University of Trier

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

Assistant Professor Dr. Leander D. Loacker, University of Zurich

Research Associate Moritz Renner, University of Bremen

Assistant Professor Dr. Florian Roedl, University of Bremen

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

Professor Dr. Goetz Schulze, University of Lausanne

Product Details

ISBN-13: 9789041125866
Publisher: Wolters Kluwer Law & Business
Publication date: 01/15/2011
Pages: 654
Product dimensions: 6.20(w) x 8.60(h) x 1.60(d)

Table of Contents

Preface List of Authors List of Abbreviations Introduction Part One: The Rome I Regulation REGULATION (EC) No 593/2008
Chapter I Scope
Article 1 Material Scope Article 2 Universal Application
Chapter II Uniform Rules
Article 3 Freedom of Choice Article 4 Applicable Law in the Absence of Choice Article 5 Contracts of Carriage Article 6 Consumer Contracts Article 7 Insurance Contracts Article 8 Individual Employment Contracts Article 9 Overriding Mandatory Provisions Article 10 Consent and Material Validity Article 11 Formal Validity Article 12 Scope of the Law Applicable Article 13 Incapacity Article 14 Voluntary Assignment and Contractual Subrogation Article 15 Legal Subrogation Article 16 Multiple Liability Article 17 Set-Off Article 18 Burden of Proof
Chapter III Other Provisions
Article 19 Habitual Residence Article 20 Exclusion of Renvoi Article 21 Public Policy of the Forum Article 22 States with More Than One Legal System Article 23 Relationship with Other Provisions of Community Law Article 24 Relationship with the Rome Convention Article 25 Relationship with Existing International Conventions Article 26 List of Conventions Article 27 Review Clause Article 28 Application in Time
Chapter IV Final Provisions
Article 29 Entry into Force and Application Part Two: The Rome II Regulation REGULATION (EC) No 864/2007
Chapter I Scope
Article 1 Scope Article 2 Non-contractual Obligations Article 3 Universal Application
Chapter II Torts/Delicts
Article 4 General Rule Article 5 Product Liability Article 6 Unfair Competition and Acts Restricting Free Competition Article 7 Environmental Damage Article 8 Infringement of Intellectual Property Rights Article 9 Industrial Action
Chapter III Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo
Article 10 Unjust Enrichment Article 11 Negotiorum Gestio Article 12 Culpa in Contrahendo Article 13 Applicabililty of Article 8
Chapter IV Freedom of Choice
Article 14 Freedom of Choice
Chapter V Common Rules
Article 15 Scope of the Law Applicable Article 16 Overriding Mandatory Provisions Article 17 Rules of Safety and Conduct Article 18 Direct Action against the Insurer of the Person Liable Article 19 Subrogation Article 20 Multiple Liability Article 21 Formal Validity Article 22 Burden of Proof
Chapter VI Other Provisions
Article 23 Habitual Residence Article 24 (Exclusion of Renvoi) Article 25 States with More Than One Legal System Article 26 Public Policy of the Forum Article 27 Relationship with Other Provisions of Community Law Article 28 Relationship with Existing International Conventions
Chapter VII Final Provisions
Article 29 List of Conventions Article 30 Review Clause Article 31 Application in Time Article 32 Date of Application.

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