Rome Regulations : commentary / edited by Gralf-Peter Calliess.
2015
KJE982 .R66 2015 (Map It)
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Title
Rome Regulations : commentary / edited by Gralf-Peter Calliess.
Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2015]
Call Number
KJE982 .R66 2015
Edition
Second edition.
Cover Title
Rome I, II, III
ISBN
9789041147547 (gebonden)
9041147543 (gebonden)
9041147543 (gebonden)
Description
xxvi, 988 pages ; 25 cm
System Control No.
(OCoLC)909490233
Summary
"With the so-called Rome I and II Regulations the Member States of the European Union are bound 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"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Preface to the Second Edition (2015)
ix
Preface to the First Edition (2011)
xi
List of Authors
xiii
List of Abbreviations
xvii
Introduction
1
pt. One
Rome I Regulation
REGULATION (EC) No 593/2008
25
ch. I
Scope
47
Article 1
Material Scope
47
Article 2
Universal Application
73
ch. II
Uniform Rules
76
Article 3
Freedom of Choice
76
Article 4
Applicable Law in the Absence of Choice
109
Article 5
Contracts of Carriage
127
Article 6
Consumer Contracts
154
Article 7
Insurance Contracts
194
Article 8
Individual Employment Contracts
218
Article 9
Overriding Mandatory Provisions
242
Article 10
Consent and Material Validity
262
Article 11
Formal Validity
275
Article 12
Scope of the Law Applicable
307
Article 13
Incapacity
321
Article 14
Voluntary Assignment and Contractual Subrogation
339
Article 15
Legal Subrogation
360
Article 16
Multiple Liability
364
Article 17
Set-Off
369
Article 18
Burden of Proof
374
ch. III
Other Provisions
382
Article 19
Habitual Residence
382
Article 20
Exclusion of Renvoi
391
Article 21
Public Policy of the Forum
395
Article 22
States with More than One Legal System
412
Article 23
Relationship with Other Provisions of Community Law
416
Article 24
Relationship with the Rome Convention
428
Article 25
Relationship with Existing International Conventions
431
Article 26
List of Conventions
435
Article 27
Review Clause
437
Article 28
Application in Time
438
ch. IV
Final Provisions
439
Article 29
Entry into Force and Application
439
pt. Two
Rome II Regulation
REGULATION (EC) No 864/2007
443
ch. I
Scope
461
Article 1
Scope
461
Article 2
Non-contractual Obligations
487
Article 3
Universal Application
490
ch. II
Torts/Delicts
495
Article 4
General Rule
495
Article 5
Product Liability
535
Article 6
Unfair Competition and Acts Restricting Free Competition
569
Article 7
Environmental Damage
603
Article 8
Infringement of Intellectual Property Rights
626
Article 9
Industrial Action
643
ch. III
Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo
658
Article 10
Unjust Enrichment
658
Article 11
Negotiorum Gestio
675
Article 12
Culpa In Contrahendo
685
Article 13
Applicability of Article 8
697
ch. IV
Freedom of Choice
699
Article 14
Freedom of Choice
699
ch. V
Common Rules
722
Article 15
Scope of the Law Applicable
722
Article 16
Overriding Mandatory Provisions
729
Article 17
Rules of Safety and Conduct
741
Article 18
Direct Action against the Insurer of the Person Liable
760
Article 19
Subrogation
770
Article 20
Multiple Liability
774
Article 21
Formal Validity
779
Article 22
Burden of Proof
781
ch. VI
Other Provisions
785
Article 23
Habitual Residence
785
Article 24
Exclusion of Renvoi
793
Article 25
States with More than One Legal System
796
Article 26
Public Policy of the Forum
800
Article 27
Relationship with Other Provisions of Community Law
814
Article 28
Relationship with Existing International Conventions
823
ch. VII
Final Provisions
831
Article 29
List of Conventions
831
Article 30
Review Clause
833
Article 31
Application in Time
837
Article 32
Date of Application
838
pt. Three
Rome III Regulation
REGULATION (EU) No 1259/2010
843
ch. I
Scope, Relation with Regulation (EC) No 2201/2003, Definitions and Universal Application
857
Article 1
Scope
857
Article 2
Relation with Regulation (EC) No 2201/2003
864
Article 3
Definitions
865
Article 4
Universal Application
867
ch. II
Uniform Rules on the Law Applicable to Divorce and Legal Separation
868
Article 5
Choice of Applicable Law by the Parties
868
Article 6
Consent and Material Validity
883
Article 7
Formal Validity
886
Article 8
Applicable Law in the Absence of a Choice by the Parties
890
Article 9
Conversion of Legal Separation into Divorce
909
Article 10
Application of the Law to the Forum
916
Article 11
Exclusions of Renvoi
926
Article 12
Public Policy
930
Article 13
Differences in National Law
945
Article 14
States with Two or More Legal Systems -- Territorial Conflicts of Law
950
Article 15
States with Two or More Legal Systems -- Inter-personal Conflicts of Law
953
Article 16
Non-application of this Regulation to Internal Conflicts of Laws
954
ch. III
Other Provisions
955
Article 17
Information to Be Provided by Participating Member States
955
Article 18
Transitional Provisions
958
Article 19
Relationship with Existing International Conventions
962
Article 20
Review Clause
964
ch. IV
Final Provisions
965
Article 21
Entry into Force and Date of Application
965
Table of Cases
967
Index
975