EU Law and Private International Law
Title | EU Law and Private International Law PDF eBook |
Author | Jan-Jaap Kuipers |
Publisher | Martinus Nijhoff Publishers |
Pages | 383 |
Release | 2011-11-25 |
Genre | Law |
ISBN | 9004206728 |
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
European Private International Law
Title | European Private International Law PDF eBook |
Author | Geert van Calster |
Publisher | Bloomsbury Publishing |
Pages | 531 |
Release | 2021-01-14 |
Genre | Law |
ISBN | 1509942084 |
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Concise Introduction to EU Private International Law
Title | Concise Introduction to EU Private International Law PDF eBook |
Author | Michael Bogdan |
Publisher | Apollo Books |
Pages | 244 |
Release | 2012 |
Genre | Law |
ISBN | 9789089521088 |
This concise book is mainly intended to be used as an introduction to the rules of private international law belonging to the legal system of the European Union. It provides legal practitioners with an overview of this highly complex field of law and can serve as an introductory textbook in elective undergraduate courses and master programs offered today by many law schools both to their own students and to exchange students from other countries. The book will hopefully also be useful as a spring-board towards more profound studies of statutory texts, case law and legal literature. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
A Conceptual Analysis of European Private International Law
Title | A Conceptual Analysis of European Private International Law PDF eBook |
Author | Felix M. Wilke |
Publisher | |
Pages | 0 |
Release | 2019 |
Genre | Conflict of laws |
ISBN | 9781780686905 |
This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.
EU Private International Law
Title | EU Private International Law PDF eBook |
Author | Peter Stone |
Publisher | |
Pages | 0 |
Release | 2010 |
Genre | Conflict of laws |
ISBN | 9780857932495 |
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Stone on Private International Law in the European Union
Title | Stone on Private International Law in the European Union PDF eBook |
Author | Peter Stone |
Publisher | Edward Elgar Publishing |
Pages | 967 |
Release | 2018-07-27 |
Genre | Law |
ISBN | 1784712663 |
Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
Private International Law Online
Title | Private International Law Online PDF eBook |
Author | Tobias Lutzi |
Publisher | |
Pages | 272 |
Release | 2020-07-02 |
Genre | |
ISBN | 9780198865261 |
Private International Law Online is a dedicated analysis of the private international law framework in the European Union as it applies to online activities such as content publishing, selling and advertising goods through internet marketplaces, or offering services that are performed online.It provides an insight into the history of internet regulation, and examines the interplay between substantive regulation and private international law in a transaction space that is inherently independent from physical borders.Lutzi investigates the current legal framework of the European Union from two angles: first questioning how the rules of private international law affect the effectiveness of substantive legislation, and then considering how the resulting legal framework affects individual internet users. The bookaddresses recent judgments like the Court of Justice's controversial decision in Glawischnig-Piesczek v Facebook, and the potential consequences of global injunctions, including the adverse effects on freedom of speech and the challenges of coordinating different national laws with regard to onlineplatforms. It also considers the European Union's new Copyright Directive, and the way private international law affects the ability of instruments such as this to create a coherent legal framework for online activities in the European Union.Based on this discussion, Lutzi advocates an alternative approach and sets out how reform might provide a more effective framework, and develops individual elements of the approach to propose new rules and how those rules might adapt to accommodate more recent phenomena and technologies.