Rome Regulations
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Rome Regulations
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Author : Gralf-Peter Calliess
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-10
Rome Regulations written by Gralf-Peter Calliess 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 2020-08-10 with Law categories.
The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
Rome Regulations
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Author : Gralf-Peter Calliess
language : en
Publisher:
Release Date : 2011
Rome Regulations written by Gralf-Peter Calliess and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Conflict of laws categories.
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
The Rome Iii Regulation
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Author : Sabine Corneloup
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
The Rome Iii Regulation written by Sabine Corneloup and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.
Concise Commentary On The Rome I Regulation
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Author : Franco Ferrari
language : en
Publisher: Cambridge University Press
Release Date : 2020-05-21
Concise Commentary On The Rome I Regulation written by Franco Ferrari and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-21 with Law categories.
A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Rome I Regulation
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Author : Franco Ferrari
language : en
Publisher:
Release Date : 2015
Rome I Regulation written by Franco Ferrari and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Conflict of laws categories.
La 4e de couverture indique : "The Rome I Regulation sets forth a set of uniform private international law rules for contractual obligations for (most of) the member states of the EU. This volume provides students and practitioners with a concise and instructive article-by-article commentary which explains the underlying concepts and suggests solutions for problems that have arisen or may arise in the application of the Regulation. This book is the second volume of the successful selp series of Pocket Commentaries on European Regulations and International Conventions in the area of conflicts of laws. The series is meant to provide a first reference to the various instruments."
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.
The Rome I Regulation On The Law Applicable To Contractual Obligations
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Author : Michael McParland
language : en
Publisher:
Release Date : 2015
The Rome I Regulation On The Law Applicable To Contractual Obligations written by Michael McParland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.
Rome I And Rome Ii In Practice
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Author : Emmanuel Guinchard
language : en
Publisher:
Release Date : 2020
Rome I And Rome Ii In Practice written by Emmanuel Guinchard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Conflict of laws categories.
This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union as applied before the Courts. It is a valuable resource for practitioners, the judiciary, and academics who are interested in understanding how EU law is applied on national level.
The Rome Regulations
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Author : Gralf-Peter Calliess
language : en
Publisher:
Release Date : 2011
The Rome Regulations written by Gralf-Peter Calliess and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Rome I Regulation
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2009-11-16
Rome I Regulation written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-16 with Law categories.
Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.