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The European Private International Law of Obligations 5th ed (eBook)


ISBN13: 9780414084742
Published: December 2019
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: Out of print
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£258.00

The European Private International Law of Obligations deals with conflict of laws as mediated by European rules and regulations. It provides unrivalled analysis of the Rome I and Rome II Regulations and their practical implications, helping practitioners interpret them since they came into force in 2009.

Between them the Rome Regulations comprise a common set of rules for the choice of law in international private law disputes, whether contractual or non-contractual. Practical knowledge of and guidance on the Regulations is essential for all practitioners involved in commercial transactions that involve European jurisdictions.

FEATURES

  • Takes practitioners step by step through the Rome Regulations
  • Explains the terms and concepts used in the Regulations
  • Provides warnings of problems that can arise and suggests answers to problems of interpretation
  • Discusses contracts of carriage, consumer contracts, insurance contracts, employment contracts, mandatory rules and ordre public, showing how Rome I applies to each
  • Covers the rules governing non-contractual obligations under Rome II, including product liability, liability for breach of competition rules, intellectual property, industrial action, environmental damage, unjust enrichment, negotiorum gestio and culpa in contrahendo
  • Puts the Regulations into their historical context, aiding their correct interpretation
  • Covers the implementation of the Regulations in the UK, recent European Court of Justice cases concerning other EC private international law instruments, and new decisions of the English courts

Subjects:
Contract Law, Conflict of Laws, eBooks
Contents:
Part One: Common Principles
Chapter 1: Contexts and Origins
Chapter 2: The Dividing Line between Rome I and Rome II
Chapter 3: The Country Whose Law Is to Be Applied

Part Two: Contract
Chapter 4: Legislative History and Scope of the Rome I Regulation
Chapter 5: Excluded Matters
Chapter 6: Freedom of Choice
Chapter 7: Applicable Law in Default of Choice
Chapter 8: Contracts of Carriage
Chapter 9: Consumer Contracts
Chapter 10: Insurance Contracts
Chapter 11: Employment Contracts
Chapter 12: Mandatory Rules and Ordre Public
Chapter 13: Voluntary Assignment, Subrogation, Multiple Liability and Set-off
Chapter 14: Scope of the Applicable Law, Validity and Proof Introduction
Chapter 15: Final Provisions

Part Three: The Law Applicable to Non-contractual Obligations
Chapter 16: The Scope of the Law Applicable to Non-contractual Obligations
Chapter 17: The Rome II Regulation: Legislative History and Scope
Chapter 18: The General Choice of Law Rule for Tort and Delict
Chapter 19: Product Liability
Chapter 20: Competition
Chapter 21: Environmental Damage
Chapter 22: Intellectual Property Rights
Chapter 23: Industrial Action
Chapter 24: Unjust Enrichment
Chapter 25: Negostiorum Gusto
Chapter 26: Culpa in Contrahendo
Chapter 27: Mandatory Rules and Ordre Public
Chapter 28: Direct Actions against Insurers
Chapter 29: Freedom to Choose and Applicable Law

Appendices.