Download Rome I Regulation: Pocket Commentary by Franco Ferrari PDF

By Franco Ferrari

ISBN-10: 3866532415

ISBN-13: 9783866532410

The Rome I legislation creates a typical regime of clash of legislations ideas on foreign agreement legislation for (most of the) european Member States. those ideas follow to either contractual and non-contractual disputes - a incontrovertible fact that poses nice demanding situations to felony practitioners in each Member nation, as there exists merely little case legislation relating to this box of legislation. The e-book solves those demanding situations through supplying an article-by-article observation and is the reason the underlying techniques and indicates options for difficulties that experience arisen or may possibly come up within the program of the law. this is often the second one quantity of sequence of pocket commentaries on eu rules and overseas conventions within the sector of clash of legislation. The sequence is intended to supply a primary connection with the felony texts lined. (Series: Pocket Commentaries on eu rules and overseas Conventions - Vol. 2) [Subject: eu legislations, deepest legislations, agreement legislations, Reference]

Show description

Read Online or Download Rome I Regulation: Pocket Commentary PDF

Best legal theory & systems books

The Political Writings of Samuel Pufendorf

This paintings offers the elemental arguments and basic issues of the political and ethical considered the seventeenth-century thinker, Samuel Pufendorf--one of the main generally learn average legal professionals of the pre-Kantian period. decisions from the texts of Pufendorf's significant works, parts of common Jurisprudence and The legislations of Nature and of countries, were introduced jointly to make Pufendorf's ethical and political proposal extra available.

A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making

A Penchant for Prejudice combines an in depth empirical research of the decision-making practices of judges with a worldly theoretical argument which exposes modern myths approximately judging and indicates tools of incorporating the inevitable bias that's detected during this and different reports. according to a special research of the choices of Social safeguard judges, the e-book demanding situations the that means of judicial impartiality.

Jurisdiction in Deleuze: The Expression and Representation of Law

Jurisdiction in Deleuze: The Expression and illustration of legislation explores an affinity among the philosophy of Gilles Deleuze and jurisprudence as a practice of technical criminal concept. the writer addresses and reopens a principal aesthetic challenge in jurisprudence: the adaptation among the expression and the illustration of legislation.

The Fall and Rise of Freedom of Contract

Declared lifeless a few twenty-five years in the past, the assumption of freedom of agreement has loved a impressive highbrow revival. within the Fall and upward thrust of Freedom of agreement top students within the fields of agreement legislation and law-and-economics learn the recent curiosity in bargaining freedom. The Nineteen Seventies used to be a decade of regulatory triumphalism in North the USA, marked through a surge in customer, securities, and environmental law.

Additional info for Rome I Regulation: Pocket Commentary

Sample text

1 para. 30. See as to Art. 5(1) Brussels Convention ECJ Case C-334/00 – Tacconi [2002] ECR I-7357 para. 22; ECJ Case C-27/02 – Engler [2005] ECR I-481 para. 50. See also Art. 10 and Art. 12(1)(e) Rome I. Jan D. de 35 Article 1 paras. 54 This legal construct poses difficult questions when it comes to characterisation given that a contract under Rome I requires a voluntarily assumed obligation. 27 For example, the right of redress required by Art. 4 Directive 1999/44/ EC55 and transposed into the national law of the Member states56 should be characterised as contractual.

1 para. 3. See moreover ECJ Case 143/78 – De Cavel I [1979] ECR 1056 para. 10. de Jan D. Lüttringhaus Article 1 paras. 43–45 persons in Art. 1(2) (a) delimits the scope of application of uniform European private international law against certain special choice-of-law regimes contained in multilateral treaties. 94 II. Family Relationships: Art. 1(2)(b) Art. 1(2)(b) excludes not only contractual obligations including main- 44 tenance obligations arising out of family relationships from the scope of Rome I, but also relationships having “comparable effects” to marriage and other family relationships under the applicable law.

Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships, COM (2011) 127 final. See as to the corresponding rule in Rome II Bach, Huber: Rome II Regulation (2011), Art. 1 para. 37. See Art. 1 paras. 44 et seq. J. 1980 No. C 282/1, Art. 1 para. 3. J. 1979 No. C 59/ 71 para. 43 et seq. g. von Hein, Rauscher: EuZPR/EuIPR (2011), Art. 1 Rome I para. 29. de Jan D. Lüttringhaus Article 1 paras.

Download PDF sample

Rated 4.65 of 5 – based on 20 votes