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Rome Regulations: Commentary, 3rd Edition

Rome Regulations: Commentary, 3rd Edition

Author: Gralf-Peter Calliess
Publisher: Kluwer Law International
ISBN: 9789403509112
Published In: September 2020
Format: Hardback , 1016 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
About this book:

Rome Regulations is an article-by-article ‘German-style’ commentary on the Rome I, II and III Regulations on European Union (EU) conflict of laws. It describes and explains black letter law as represented by the jurisprudence of the Court of Justice of the EU (CJEU) and the Member State courts. The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the EU is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. The occasion for publishing the third edition is that several landmark judgments on the conflict of laws have been recently rendered by both the CJEU and domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the European system of conflict of laws. The extensively revised third edition reflects the effects of these major developments.

What’s in this book:

The commentary, authored by leading scholars of conflict of laws for an international readership and drawing on a wide spectrum of case law and scholarship, highlights long-term implications of the Rome Regulations such as the following:
- principles of interpretation;
- limiting the effects of forum shopping;
- limiting the trade-restricting effects of the fragmentation of national private laws;
- ensuring the free movement of persons;
- enhancing legal certainty and predictability; and
- potential solutions for an agreement-based Brexit.
This edition is a cornerstone resource in handling European cases involving questions of conflict of laws.

How this will help you:

In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, this edition provides a uniquely comprehensive coverage on the European rules of the conflict of laws, covering all three Rome regulations. To this end, renowned conflict of laws scholars analyse every provision of the regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers and legal practitioners in their day-to-day work.
Preface

List of Authors

List of Abbreviations

Introduction

Part One: The Rome I Regulation

Regulation (EC) No 593/2008

Chapter I Scope

Chapter II Uniform Rules

Chapter III Other Provisions

Chapter IV Final Provisions

Part Two: The Rome II Regulation

Chapter I Scope

Chapter II Torts/Delicts

Chapter III Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo

Chapter V Common Rules

Chapter VI Other Provisions

Chapter VII Final Provisions

Part Three: The Rome III Regulation

Regulation (EC) No 1259/2010

Chapter I Scope, Relation with Regulation (EC) No 2201/2003, Definitions and Universal Application

Chapter II Uniform Rules on the Law Applicable to Divorce and Legal Separation

Chapter III Other Provisions

Chapter IV Final Provisions
List of Authors:

Professor Dr. Susanne Augenhofer, Humboldt-University in Berlin

Professor Dr. Dietmar Baetge, University of Applied Science in Wildau

Assistant Professor Dr. Frank Bauer, University of Giessen

Assistant Professor Dr. Katharina de la Durantaye, LL.M. (Yale), Humboldt-University in Berlin

Professor Dr. Martin Franzen, University of Munich

Professor Dr. Martin Gebauer, University of Tübingen

Professor Dr. Urs Peter Gruber, University of Mainz

Research Assistant Niklas Gröner, University of Munich

Professor Dr. Urs Peter Gruber, University of Mainz

Professor Dr. Axel Halfmeier, LL.M. (Michigan), Leuphana University in Frankfurt

Professor Dr. Jan von Hein, University of Freiburg

Dr. Hermann Hoffmann, LL.M. (George Washington University), Lawyer in Berlin

Professor Dr. Lars Klöhn, LL.M. (Harvard), University of Munich

Assistant Professor Dr. Kathrin Kroll-Ludwigs, Deutsches Notarinstitut in Würzburg

Senior Research Fellow Dr. Eva Lein, The British Institute of International and Comparative Law in London

Senior Lecturer Dr. Leander D. Loacker, M.Phil., University of Zürich

Senior Research Fellow Tobias Pinkel, University of Bremen

Lichtenberg Professor Dr. Moritz Renner, University of Bremen

Visting Professor Dr. Florian Rödl, M.A. (Phil.), University of Münster

Professor Dr. Marianne Roth, LL.M. (Harvard), University of Salzburg

Professor Dr. Boris Schinkels, LL.M. (Cantab.), University of Greifswald

Professor Dr. Christoph Schmid, University of Bremen

Professor Dr. Goetz Schulze, University of Potsdam

Professor Dr. Matthias Weller, EBS University in Wiesbaden

Professor Dr. Volker Wiese, LL.M. (McGill), EBS University in Wiesbaden