EU Law and Private International Law: The interrelationship in contractual obligations
Loading...
Files
kuipers_2011.JPG (684.36 KB)
Kuipers (2011)
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Leiden/Boston, Martinus Nijhoff Publishers, 2011, Nijhoff studies in European Union law
Cite
KUIPERS, Jan-Jaap, EU Law and Private International Law: The interrelationship in contractual obligations, Leiden/Boston, Martinus Nijhoff Publishers, 2011, Nijhoff studies in European Union law - https://hdl.handle.net/1814/19915
Abstract
European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding. The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes however beyond positive harmonisation. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Table of Contents
Introduction : EU private international law
Rome I regulation : party autonomy as its cornerstone
Overriding mandatory provisions : the national perspective
The scope of secondary union law : a matter for Rome I?
The harmonisation of contract law by the union
Free movement and the determination of the applicable law.
Additional Information
External Links
Publisher
Version
Published version of EUI PhD thesis, 2011