Rome I Regulation and employment contracts
Title | Rome I Regulation and employment contracts PDF eBook |
Author | Marzena Madrak |
Publisher | Key Editore |
Pages | 136 |
Release | 2017-05-13 |
Genre | Law |
ISBN | 8869598624 |
The purpose of this book is to discuss the main provisions of the Rome I Regulation relating to employment contracts with an international element. It outlines two competing objectives of the regulation, namely, to increase legal certainty and predictability of the law applicable to the contract and to ensure the protection of the employee as the party to a contract viewed as being weaker. It answers the questions concerning the scope of the autonomy of the parties making the choice of law, as well as the mode of indication of the applicable law in the absence of choice. It is clear from the considerations in the book that the solution adopted for individual employment contracts expresses the will of the authors of the regulation, to ensure, first and foremost, the protection of the worker as the weaker party to a contract.
Employment Contracts Under Article 8 of the Rome I Regulation
Title | Employment Contracts Under Article 8 of the Rome I Regulation PDF eBook |
Author | Peter Mankowski |
Publisher | |
Pages | |
Release | 2009 |
Genre | Conflict of laws |
ISBN |
The Rome I Regulation on the Law Applicable to Contractual Obligations
Title | The Rome I Regulation on the Law Applicable to Contractual Obligations PDF eBook |
Author | Michael McParland |
Publisher | |
Pages | 0 |
Release | 2015 |
Genre | Law |
ISBN | 9780199654635 |
The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.
Rome I Regulation
Title | Rome I Regulation PDF eBook |
Author | Franco Ferrari |
Publisher | Walter de Gruyter |
Pages | 393 |
Release | 2009-11-16 |
Genre | Law |
ISBN | 386653857X |
Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.
Concise Commentary on the Rome I Regulation
Title | Concise Commentary on the Rome I Regulation PDF eBook |
Author | Franco Ferrari |
Publisher | Cambridge University Press |
Pages | 413 |
Release | 2020-05-21 |
Genre | Law |
ISBN | 1108497675 |
A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Rome Convention - Rome I Regulation
Title | Rome Convention - Rome I Regulation PDF eBook |
Author | Alexander J. Belohlávek |
Publisher | Juris Publishing, Inc. |
Pages | 1636 |
Release | 2011-01-01 |
Genre | Law |
ISBN | 1578233224 |
As of 17 December 2010, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations is directly applicable in all EU Member States with the exception of Denmark. The Rome I Regulation replaces the Rome Convention of 1980 in the EU Member States and will apply to all contracts concluded as of 17 December 2010. However, and herein lies the utility and great importance of this work, the Rome Convention and the Rome I Regulation will be applied in parallel for a significant time to come (the author himself anticipates a ten-to-fifteen year period); in the latter case to contracts made after 17 December, 2010. This is why this commentary takes into account both sources of law, in their mutual interaction and broader context. The comprehensiveness of the Rome Convention / Rome I Regulation is clearly apparent, but one of the great achievements of the author is his amassing of over 1,800 judicial decisions, most of which are furnished with a detailed commentary; where these decisions apply national laws, the latter are cited both in the original and in translation. For a number of rulings, the commentary include not only a case summary of the facts and an analysis of the conclusions drawn by the court, but also takes them as models to hypothesize what conclusions would be reached if the Rome I Regulation were to be applied.
The European Contracts Convention
Title | The European Contracts Convention PDF eBook |
Author | Richard Plender |
Publisher | |
Pages | 472 |
Release | 2001 |
Genre | Law |
ISBN |
This practitioner work aims to be the leading text on the scope and application of the Rome Convention in the UK and Europe. Updated to take account of nine years' development in the law since the previous edition - including the Treaty of Amsterdam and case law in all 13 Contracting States and relevant non-Contracting States - it brings clarity to a complex aspect of the EU harmonization of laws.