Jurisdiction at the place of performance of a contract revisited : a case for the theory of characteristic performance in EU civil procedure
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1744-1048; 1757-8418
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Journal of private international law, 2022, Vol.18, No. 2, pp. 266-295
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LEVINA, Daria, Jurisdiction at the place of performance of a contract revisited : a case for the theory of characteristic performance in EU civil procedure, Journal of private international law, 2022, Vol.18, No. 2, pp. 266-295 - https://hdl.handle.net/1814/77560
Abstract
The article revisits jurisdiction in the courts for the place of performance of a contract under Article 7(1) of the Brussels Ia Regulation. It proposes a new framework for understanding jurisdiction in contractual matters by offering a comparative and historical analysis of both the place of performance as a ground for jurisdiction and its conceptual counterpart, the place of performance as a connecting factor in conflict of laws. The analysis reveals that jurisdiction in the courts for the place of performance is largely a repetition of the same problematic patterns previously associated with the place of performance as a connecting factor. The article asserts that the persisting problems with Article 7(1) of the Brussels Ia Regulation are due to the inadequacy of the place of performance as a ground for jurisdiction and advocates for the transition to the theory of characteristic performance in EU civil procedure.
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Published online: 19 September 2022