By Franco Ferrari
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]
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Additional info for Rome I Regulation: Pocket Commentary
1 para. 30. See as to Art. 5(1) Brussels Convention ECJ Case C-334/00 – Tacconi  ECR I-7357 para. 22; ECJ Case C-27/02 – Engler  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  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.