Enforcement Of International Contracts In The European Union
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Enforcement Of International Contracts In The European Union
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Author : Johan Meeusen
language : en
Publisher: Intersentia nv
Release Date : 2004
Enforcement Of International Contracts In The European Union written by Johan Meeusen and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Conflict of laws categories.
The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.
Eu Pil
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Author : Joseph M. Lookofsky
language : en
Publisher:
Release Date : 2009
Eu Pil written by Joseph M. Lookofsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Aftaleret categories.
The Future Of The Commercial Contract In Scholarship And Law Reform
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Author : Maren Heidemann
language : en
Publisher: Springer
Release Date : 2018-11-02
The Future Of The Commercial Contract In Scholarship And Law Reform written by Maren Heidemann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
The Interconnection Of The Eu Regulations Brussels I Recast And Rome I
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Author : Christoph Schmon
language : en
Publisher: Springer Nature
Release Date : 2020-03-17
The Interconnection Of The Eu Regulations Brussels I Recast And Rome I written by Christoph Schmon and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with Law categories.
This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations’ systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.
Does International Trade Need A Doctrine Of Transnational Law
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Author : Maren Heidemann
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-02-14
Does International Trade Need A Doctrine Of Transnational Law written by Maren Heidemann and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-14 with Law categories.
This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.
Cases And Materials On Eu Private International Law
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Author : Stefania Bariatti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-04-13
Cases And Materials On Eu Private International Law written by Stefania Bariatti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-13 with Law categories.
Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments. This title is included in Bloomsbury Professional's International Arbitration online service.
Eu Law And Private International Law
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Author : Jan-Jaap Kuipers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-25
Eu Law And Private International Law written by Jan-Jaap Kuipers and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-25 with Law categories.
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Global Order Beyond Law
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Author : Thomas Dietz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Global Order Beyond Law written by Thomas Dietz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Japanese And European Private International Law In Comparative Perspective
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Author : Jürgen Basedow
language : en
Publisher: Mohr Siebeck
Release Date : 2008
Japanese And European Private International Law In Comparative Perspective written by Jürgen Basedow and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
The Principles Of European Contract Law Part Iii And Dutch Law
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Author : Harriët N. Schelhaas
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
The Principles Of European Contract Law Part Iii And Dutch Law written by Harriët N. Schelhaas and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.