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General Principles of European Private International Law

Edited by: Stefan Leible

ISBN13: 9789041159557
Published: March 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £185.00

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European private international law, as it stands in the Rome I, II, and III Regulations and the recent Successions Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules.

There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent.

This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a ‘general part’) is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide.

  • the relationship between conflict of laws and recognition;
  • the room for party autonomy;
  • the concept of habitual residence;
  • adaptation when interplay between different laws leads to deadlock;
  • public policy exceptions;
  • the desirability of a general escape clause;
  • the classic topics of characterisation, incidental question, and renvoi; and
  • right to appeal in case of errors in the application of foreign law.

Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

Conflict of Laws
CHAPTER 1 Introduction Felix M. Wilke

Part I Conceptual Issues
CHAPTER 2 Recognition as a Substitute for Conflict of Laws? Matthias Lehmann
CHAPTER 3 The Role of Economic Efficiency in European Private International Law Giesela Rühl
CHAPTER 4 A ‘Rome 0’ Regulation from a Political Point of View Rolf Wagner

Part II The Subject Matter
CHAPTER 5 Classification: A Subject Matter for a Rome 0 Regulation? Helmut Heiss & Emese Kaufmann-Mohi
CHAPTER 6 Preliminary Question Gerald Mäsch
CHAPTER 7 Overriding Mandatory Provisions Hans Jürgen Sonnenberger*

Part III The Connecting Factor
CHAPTER 8 Party Autonomy, Legal Doctrine on Choice of Law, and the General Section of the European Conflict of Laws Heinz-Peter Mansel
CHAPTER 9 ‘Habitual Residence’: A Plea for ‘Settled Intention’ Marc-Philippe Weller & Bettina Rentsch
CHAPTER 10 Dual and Multiple Nationals, Stateless Persons, and Refugees Peter Mankowski
CHAPTER 11 Closest Connection and Escape Clauses Oliver Remien*

Part IV The Applicable Law
CHAPTER 12 Renvoi in European Private International Law Jan von Hein
CHAPTER 13 References to Non-unified Legal Systems Florian Eichel
CHAPTER 14 Ordre Public (Public Policy) Wolfgang Wurmnest
CHAPTER 15 Adaptation Gerhard Dannemann

Part V Further General Issues
CHAPTER 16 The Law of Agency Martin Gebauer
CHAPTER 17 Ascertaining and Applying Foreign Law Eva-Maria Kieninger