EU law and private international law : the interrelationship in contractual obligations /
Kuipers, Jan-Jaap.
EU law and private international law : the interrelationship in contractual obligations / European Union law and private international law by Jan-Jaap Kuipers. - 1 online resource (x, 371 pages) - Nijhoff studies in EU law ; v. 1 . - Nijhoff Studies in European Union Law 1. International Law E-Books Online, Collection 2012, ISBN: 9789004223271. .
Includes bibliographical references and index.
Preliminary Material -- Introduction: EU Private International Law -- Rome I Regulation: Party Autonomy as its Cornerstone -- Overriding Mandatory Provisions: The National Perspective -- The Scope of Secondary Union Law: A Matter for Rome I? -- The Harmonisation of Contract Law by the Union -- Free Movement and the Determination of the Applicable Law -- Bibliography -- Index.
Available to subscribing member institutions only.
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.
9789004206724
10.1163/9789004206724 DOI
2011034632
European Parliament. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
Conflict of laws--Contracts--European Union countries.
Contracts--European Union countries.
KJE983.C66 / K85 2012
346.2402
EU law and private international law : the interrelationship in contractual obligations / European Union law and private international law by Jan-Jaap Kuipers. - 1 online resource (x, 371 pages) - Nijhoff studies in EU law ; v. 1 . - Nijhoff Studies in European Union Law 1. International Law E-Books Online, Collection 2012, ISBN: 9789004223271. .
Includes bibliographical references and index.
Preliminary Material -- Introduction: EU Private International Law -- Rome I Regulation: Party Autonomy as its Cornerstone -- Overriding Mandatory Provisions: The National Perspective -- The Scope of Secondary Union Law: A Matter for Rome I? -- The Harmonisation of Contract Law by the Union -- Free Movement and the Determination of the Applicable Law -- Bibliography -- Index.
Available to subscribing member institutions only.
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.
9789004206724
10.1163/9789004206724 DOI
2011034632
European Parliament. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
Conflict of laws--Contracts--European Union countries.
Contracts--European Union countries.
KJE983.C66 / K85 2012
346.2402