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Rome Regulations: Commentary, Third Edition by CALLIESS

Rome Regulations: Commentary, Third Edition

Edited by Gralf-Peter Calliess, Moritz Renner
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Hardbound
$391.00

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Overview

About this book:
Rome Regulations is an article-by-article ‘German-style’ commentary on the Rome I, II and III Regulations on European Union (EU) conflict of laws. It describes and explains black letter law as represented by the jurisprudence of the Court of Justice of the EU (CJEU) and the Member State courts. The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the 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. The occasion for publishing the third edition is that several landmark judgments on the conflict of laws have been recently rendered by both the CJEU and 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 European system of conflict of laws. The extensively revised third edition reflects the effects of these major developments.

What’s in this book:
The commentary, authored by leading scholars of conflict of laws for an international readership and drawing on a wide spectrum of case law and scholarship, highlights long-term implications of the Rome Regulations such 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;
  • enhancing legal certainty and predictability; and
  • potential solutions for an agreement-based Brexit.

This edition is a cornerstone resource in handling European cases involving questions of conflict of laws.

How this will help you:
In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, this edition provides a uniquely comprehensive coverage on the European rules of the conflict of laws, covering all three Rome regulations. 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 practitioners in their day-to-day work.

Publish Date 07/07/2020
Product Line Kluwer Law International
ISBN 9789403509112
SKU 10058694-0003
Table of Contents

Preface to the Second Edition (2015)

Preface to the First Edition (2011)

List of Authors

List of Abbreviations

Introduction

Part One The Rome I Regulation

REGULATION (EC) No 593/2008

Chapter I Scope

Article 1 Material Scope

Article 2 Universal Application

Chapter II Uniform Rules

Article 3 Freedom of Choice

Article 4 Applicable Law in the Absence of Choice

Article 5 Contracts of Carriage

Article 6 Consumer Contracts

Article 7 Insurance Contracts

Article 8 Individual Employment Contracts

Article 9 Overriding Mandatory Provisions

Article 10 Consent and Material Validity

Article 11 Formal Validity

Article 12 Scope of the Law Applicable

Article 13 Incapacity

Article 14 Voluntary Assignment and Contractual Subrogation

Article 15 Legal Subrogation

Article 16 Multiple Liability

Article 17 Set-Off

Article 18 Burden of Proof

Chapter III Other Provisions

Article 19 Habitual Residence

Article 20 Exclusion of Renvoi

Article 21 Public Policy of the Forum

Article 22 States with More than One Legal System

Article 23 Relationship with Other Provisions of Community Law

Article 24 Relationship with the Rome Convention

Article 25 Relationship with Existing International Conventions

Article 26 List of Conventions

Article 27 Review Clause

Article 28 Application in Time

Chapter IV Final Provisions

Article 29 Entry into Force and Application

Part Two The Rome II Regulation

REGULATION (EC) No 864/2007

Chapter I Scope

Article 1 Scope

Article 2 Non-contractual Obligations

Article 3 Universal Application

Chapter II Torts/Delicts

Article 4 General Rule

Article 5 Product Liability

Article 6 Unfair Competition and Acts Restricting Free Competition

Article 7 Environmental Damage

Article 8 Infringement of Intellectual Property Rights

Article 9 Industrial Action

Chapter III Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo

Article 10 Unjust Enrichment

Article 11 Negotiorum Gestio

Article 12 Culpa In Contrahendo

Article 13 Applicability of Article 8

Chapter IV Freedom of Choice

Article 14 Freedom of Choice

Chapter V Common Rules

Article 15 Scope of the Law Applicable

Article 16 Overriding Mandatory Provisions

Article 17 Rules of Safety and Conduct

Article 18 Direct Action against the Insurer of the Person Liable

Article 19 Subrogation

Article 20 Multiple Liability

Article 21 Formal Validity

Article 22 Burden of Proof

Chapter VI Other Provisions

Article 23 Habitual Residence

Article 24 Exclusion of Renvoi

Article 25 States with More than One Legal System

Article 26 Public Policy of the Forum

Article 27 Relationship with Other Provisions of Community Law

Article 28 Relationship with Existing International Conventions

Chapter VII Final Provisions

Article 29 List of Conventions

Article 30 Review Clause

Article 31 Application in Time

Article 32 Date of Application

Part Three The Rome III Regulation

REGULATION (EU) No 1259/2010

Chapter I Scope, Relation with Regulation (EC) No 2201/2003, Definitions and Universal Application

Article 1 Scope

Article 2 Relation with Regulation (EC) No 2201/2003

Article 3 Definitions

Article 4 Universal Application

Chapter II Uniform Rules on the Law Applicable to Divorce and Legal Separation

Article 5 Choice of Applicable Law by the Parties

Article 6 Consent and Material Validity

Article 7 Formal Validity

Article 8 Applicable Law in the Absence of a Choice by the Parties

Article 9 Conversion of Legal Separation into Divorce

Article 10 Application of the Law to the Forum

Article 11 Exclusions of Renvoi

Article 12 Public Policy

Article 13 Differences in National Law

Article 14 States with Two or More Legal Systems – Territorial Conflicts of Law

Article 15 States with Two or More Legal Systems – Inter-personal Conflicts of Law

Article 16 Non-application of this Regulation to Internal Conflicts of Laws

Chapter III Other Provisions

Article 17 Information to Be Provided by Participating Member States

Article 18 Transitional Provisions

Article 19 Relationship with Existing International Conventions

Article 20 Review Clause

Chapter IV Final Provisions

Article 21 Entry into Force and Date of Application

Table of Cases

Index

Volumes