Conflict of Laws European Union Law

The Interconnection of the EU Regulations Brussels I Recast and Rome I: Jurisdiction and Law

By Christoph Schmon
T.M.C. Asser Press March 2021

Specifications

ISBN-13
9789462653696
Publisher
T.M.C. Asser Press
Publication
March 2021
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations.

The author takes a closer look at the Regulations' systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems.

This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation.

Table of Contents

Chapter 1. The Age of Conventions
Chapter 2. An EU Private International Law
Chapter 3. General Scheme
Chapter 4. Civil and Commercial Matters
Chapter 5. De l'esprit des Lois
Chapter 6. The General Tension
Chapter 7. Theoretical Foundations
Chapter 8. The Weaker Party - Fundamentals
Chapter 9. Brussels I and Rome I are Complementary Instruments

Index
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