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The European Private International Law of Obligations 6th ed

Edited by: Michael Wilderspin

ISBN13: 9780414117549
Previous Edition ISBN: 9780414073128
Published: October 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £265.00



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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. It supplies expert commentary on the scope, principles and application of Rome I, governing the construction of contracts, and the rules governing non-contractual obligations under Rome II.

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 an international element.

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, European Court of Justice cases concerning the Regulations and other related EU private international law instruments, and decisions of the English courts
  • Explains how the Regulations are to be applied in the UK following the withdrawal of the UK from the EU

    This edition is the first since the withdrawal of the United Kingdom from the European Union. A new chapter has been included to deal specifically with the technicalities of how Rome I and Rome II Regulations apply in the UK following the end of the transition period. In addition, the title has been fully reviewed and updated to take account of new cases and legislative developments since the last edition was published in 2019.

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

    Part 2: Contract
    4. Legislative History and Scope of the Rome I Regulation
    5. Excluded Matters
    6. Freedom of Choice
    7. Applicable Law in Default of Choice
    8. Contracts of Carriage
    9. Consumer Contracts
    10. Insurance Contracts
    11. Employment Contracts
    12. Mandatory Rules and Ordre Public
    13. Voluntary Assignment, Subrogation, Multiple Liability and Set-off
    14. Scope of the Applicable Law, Validity and Proof Introduction
    15. Final Provisions

    Part 3: The Law Applicable to Non-contractual Obligations
    16. The Scope of the Law Applicable to Non-contractual Obligations
    17. The Rome II Regulation: Legislative History and Scope
    18. The General Choice of Law Rule for Tort and Delict
    19. Product Liability
    20. Competition
    21. Environmental Damage
    22. Intellectual Property Rights
    23. Industrial Action
    24. Unjust Enrichment
    25. Negotiorum Gestio
    26. Culpa in Contrahendo
    27. Mandatory Rules and Ordre Public
    28. Direct Actions against Insurers, Subrogation and Multiple Liability
    29. Freedom to Choose and Applicable Law

    Part 4: Rome I and II Regulations and the UK
    30. Application of the Rome I and Rome II Regulations in the UK after the end of the Transition Period.