The Interrelationship between EU Law And Private International Law in Contractual Obligations: Private autonomy, overriding mandatory provisions and a European justice area

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dc.contributor.author KUIPERS, Jan-Jaap
dc.date.accessioned 2011-03-14T14:14:56Z
dc.date.available 2011-03-14T14:14:56Z
dc.date.issued 2011
dc.identifier.uri http://hdl.handle.net/1814/16060
dc.description Defense Date: 17/01/2011
dc.description Examining Board: Prof. dr. Marie-Ange Moreau, European University Institute (supervisor) Prof. dr. Hans-Wolfgang Micklitz, European University Institute Prof. dr. Gerard-René de Groot, Maastricht University Prof. dr. Jean-Michel Jacquet, Institut des Hautes Etudes Internationales, Geneva
dc.description.abstract The aim of this research is to analyse the interrelationship between Private International Law and European Union law in the area of contractual obligations. The Rome I Regulation on the Law Applicable to Contractual Obligations is used to delimit the scope of research. The material rules of Rome I will be discussed in order to demonstrate that the instrument follows the traditional European conflict of laws approach without any specific orientation towards internal market objectives. The influence of Union law upon PIL goes however beyond positive harmonisation, being the codification of conflict of law norms on the European level. In the analysis of the effects of Union law upon the conflict of law process, a distinction will be drawn between international and =European‘ contracts. As regards international contracts Rome I could be used to establish the international scope of application of secondary Union law when the contract involves a link with a third country. However the legislator seems to have given preference to an autonomous approach based upon the object and purpose of the relevant instrument. These directives create nuisance in the conflict of law process and it will be proposed to integrate sector specific scope rules in Rome I. With regard to contracts that exclusively have connections with two or more Member States it will be analysed to what extent rules of contract law are caught by the fundamental freedoms. It will be argued that primary law does not favour ex ante the application of the law of a specific Member State, but may correct the applicable law. Rules that can be set aside by parties by a mere choice of law can however not have the potential effects of hindering the smooth functioning of the internal market. The overall objective of the project is to identify the methodological disharmony between Union law and PIL in the regulation of cross border contracts and to propose suggestions to improve their mutual understanding.
dc.language.iso en
dc.relation.ispartofseries EUI PhD theses en
dc.relation.ispartofseries Department of Law en
dc.subject International law
dc.subject Europe
dc.subject Jurisdiction
dc.subject European Economic Community countries
dc.title The Interrelationship between EU Law And Private International Law in Contractual Obligations: Private autonomy, overriding mandatory provisions and a European justice area en
dc.type Thesis en
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