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The Law Applicable To Non Contractual Obligations In Europe


The Law Applicable To Non Contractual Obligations In Europe
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The Law Applicable To Non Contractual Obligations In Europe


The Law Applicable To Non Contractual Obligations In Europe
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Author : Thomas Kadner Graziano
language : en
Publisher:
Release Date : 2010

The Law Applicable To Non Contractual Obligations In Europe written by Thomas Kadner Graziano and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Obligations (Law) categories.




The Law Applicable To Non Contractual Obligations In Europe


The Law Applicable To Non Contractual Obligations In Europe
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Author : Thomas Kadner Graziano
language : en
Publisher: Hart Publishing
Release Date : 2019-06-13

The Law Applicable To Non Contractual Obligations In Europe written by Thomas Kadner Graziano and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.


On 11 January 2009, Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) became applicable in twenty six EU Member States. The Rome II Regulation provides conflict of law rules for tort and delict, unjust enrichment, negotiorum gestio and culpa in contrahendo. In particular, the Rome II Regulation sets out specific rules governing product liability, unfair competition and acts restricting free competition, environmental damage, infringement of intellectual property rights, and industrial action. This book is a comprehensive guide to the Rome II Regulation. It presents the rules designating the applicable law according to Rome II and explores the raisons d'�tres behind these rules. The book presents numerous case scenarios and explains what the applicable law should be under the Rome II Regulation. As such it is a comprehensive handbook providing the practitioner with explanations of how the regulation could and should be interpreted and applied.



Party Autonomy In Contractual And Non Contractual Obligations


Party Autonomy In Contractual And Non Contractual Obligations
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Author : Maya Mandery
language : en
Publisher: Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies
Release Date : 2014

Party Autonomy In Contractual And Non Contractual Obligations written by Maya Mandery and has been published by Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Conflict of laws categories.


This study examines the principle party autonomy as provided for in the European Rome I Regulation and the Rome II Regulation. It critically reflects on the position of the freedom to choose the law in contract and tort in the common law jurisdictions of Australia, New Zealand, Canada and Singapore. It calls to reform the common law approach.



The Rome Ii Regulation On The Law Applicable To Non Contractual Obligations


The Rome Ii Regulation On The Law Applicable To Non Contractual Obligations
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Author : William Binchy
language : en
Publisher: BRILL
Release Date : 2009-04-07

The Rome Ii Regulation On The Law Applicable To Non Contractual Obligations written by William Binchy and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-07 with Law categories.


The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.



Eu Law And Private International Law


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.



The Rome Ii Regulation


The Rome Ii Regulation
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Author : Andrew Dickinson
language : en
Publisher: OUP UK
Release Date : 2010

The Rome Ii Regulation written by Andrew Dickinson and has been published by OUP UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.


This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.



Proposal On The Law Applicable To Non Contractual Obligations Rome Ii


Proposal On The Law Applicable To Non Contractual Obligations Rome Ii
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Author :
language : en
Publisher:
Release Date : 2005

Proposal On The Law Applicable To Non Contractual Obligations Rome Ii written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.




Law Applicable To Contractual Obligations And Non Contractual Obligations Amendment Etc Eu Exit Regulations 2019


Law Applicable To Contractual Obligations And Non Contractual Obligations Amendment Etc Eu Exit Regulations 2019
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Author : GREAT BRITAIN.
language : en
Publisher:
Release Date : 2019

Law Applicable To Contractual Obligations And Non Contractual Obligations Amendment Etc Eu Exit Regulations 2019 written by GREAT BRITAIN. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.




Non Contractual Liability Arising Out Of Damage Caused To Another


Non Contractual Liability Arising Out Of Damage Caused To Another
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Author : Christian von Bar
language : en
Publisher: sellier. european law publ.
Release Date : 2009

Non Contractual Liability Arising Out Of Damage Caused To Another written by Christian von Bar and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Damages categories.


In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.



Rome Regulations


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.