Rome Regulations commentary
With the so-called Rome I, II and III Regulations the Member States of the European Union are bound to a common set of rules for the choice of law in international private law disputes. They apply to both contractual and non-contractual disputes, their reach even extends to the application of non-Me...
Оглавление:
- THE ROME I REGULATION : REGULATION (EC) NO. 593/2008: Material scope
- Universal application
- Freedom of choice
- Applicable law in the absence of choice
- Contracts of carriage
- Consumer contracts
- Insurance contracts
- Individual employment contracts
- Overriding mandatory provisions
- Consent and material validity
- Formal validity
- Scope of the law applicable
- Incapacity
- Voluntary assignment and contractual subrogation
- Legal subrogation
- Multiple liability
- Set-off
- Burden of proof
- Habitual residence
- Exclusion of renvoi
- Public policy of the forum
- States with more than one legal system
- Relationship with other provisions of community law
- Relationship with the Rome Convention
- Relationship with existing international conventions
- List of Conventions
- Review clause
- Application in time
- Entry into force and application.
- THE ROME II REGULATION : REGULATION (EC) NO. 864/2007: Scope
- Non-contractual obligations
- Universal application
- General rule
- Product liability
- Unfair competition and acts restricting free competition
- Environmental damage
- Infringement of intellectual property rights
- Industrial action
- Unjust enrichment
- Negotiorum gestio
- Culpa in contrahendo
- Applicability of Article 8
- Freedom of choice
- Scope of the law applicable
- Overriding mandatory provisions
- Rules of safety and conduct
- Direct action against the insurer of the person liable
- Subrogation
- Multiple liability
- Formal validity
- Burden of proof
- Habitual residence
- Exclusion of renvoi
- States with more than one legal system
- Public policy of the forum
- Relationship with other provisions of community law
- Relationship with existing international conventions
- List of Conventions
- Review clause
- Application in time
- Date of application.
- THE ROME III REGULATION : REGULATION (EU) NO. 1259/2010: Scope
- Relation with Regulation (EC) No. 2201/2003
- Definitions
- Universal application
- Choice of applicable law by the parties
- Consent and material validity
- Formal validity
- Applicable law in the absence of a choice by the parties
- Conversion of legal separation into divorce
- Application of the law to the forum
- Exclusions of renvoi
- Public policy
- Differences in national law
- States with two or more legal systems : territorial conflicts of law
- States with two or more legal systems : inter-personal conflicts of law
- Non-application of this Regulation to internal conflicts of laws
- Information to be provided by participating Member States
- Transitional provisions
- Relationship with existing international conventions
- Review clause
- Entry into force and date of application.