The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law

Author: María Campo Comba
Publisher: Springer-Verlag
ISBN: 9783030614836
Published In: December 2021
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

RMB 1,403.60

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Description
Contents

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This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU's objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU's current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU's current approach to private international law.

This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.

1. Introduction

2. The Rationale behind the Protection of Weaker Contracting Parties in EU PIL

3. The Rome I Regulation and Its Mechanisms of Protection of Consumers and Employees

4. The Relationship and Coordination between EU Consumer Directives and the Rome I Regulation

5. The Relationship and Coordination between EU Employment Directives and the Rome I Regulation

6. Other Possible Weaker Contracting Parties and the Rome I Regulation

7. Conclusion