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General Principles of European Private International Law

General Principles of European Private International Law

By Stefan Leible
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Overview
European Monographs Series Volume 95

European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent.

This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a ‘general part’) is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following:

  • the relationship between conflict of laws and recognition;
  • the room for party autonomy;
  • the concept of habitual residence;
  • adaptation when interplay between different laws leads to deadlock;
  • public policy exceptions;
  • the desirability of a general escape clause;
  • the classic topics of characterisation, incidental question, and renvoi; and
  • right to appeal in case of errors in the application of foreign law.

Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

Last Updated 02/22/2016
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9789041159557
SKU 10059147-0001
Table of Contents

Editor and Contributors

Preface

List of Abbreviations

CHAPTER 1 Introduction Felix M. Wilke

Part I Conceptual Issues

CHAPTER 2 Recognition as a Substitute for Conflict of Laws? Matthias Lehmann

CHAPTER 3 The Role of Economic Efficiency in European Private International Law Giesela Rühl

CHAPTER 4 A ‘Rome 0’ Regulation from a Political Point of View Rolf Wagner

Part II The Subject Matter

CHAPTER 5 Classification: A Subject Matter for a Rome 0 Regulation? Helmut Heiss & Emese Kaufmann-Mohi

CHAPTER 6 Preliminary Question Gerald Mäsch

CHAPTER 7 Overriding Mandatory Provisions Hans Jürgen Sonnenberger

Part III The Connecting Factor

CHAPTER 8 Party Autonomy, Legal Doctrine on Choice of Law, and the General Section of the European Conflict of Laws Heinz-Peter Mansel

CHAPTER 9 ‘Habitual Residence’: A Plea for ‘Settled Intention’ Marc-Philippe Weller & Bettina Rentsch

CHAPTER 10 Dual and Multiple Nationals, Stateless Persons, and Refugees Peter Mankowski

CHAPTER 11 Closest Connection and Escape Clauses Oliver Remien

Part IV The Applicable Law

CHAPTER 12 Renvoi in European Private International Law Jan von Hein

CHAPTER 13 References to Non-unified Legal Systems Florian Eichel

CHAPTER 14 Ordre Public (Public Policy) Wolfgang Wurmnest

CHAPTER 15 Adaptation Gerhard Dannemann

Part V Further General Issues

CHAPTER 16 The Law of Agency Martin Gebauer

CHAPTER 17 Ascertaining and Applying Foreign Law Eva-Maria Kieninger

Volumes