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EU law and private international law [electronic resource] : the interrelationship in contractual obligations / by Jan-Jaap Kuipers.

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Format:
Book
Author/Creator:
Kuipers, Jan-Jaap.
Series:
Nijhoff studies in EU law ; v. 1.
Nijhoff studies in EU law, 2210-9765 ; v. 1
Language:
English
Subjects (All):
Conflict of laws--Contracts--European Union countries.
Conflict of laws.
Contracts--European Union countries.
Contracts.
European Parliament. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
European Parliament.
Physical Description:
1 online resource (383 p.)
Other Title:
European Union law and private international law
Place of Publication:
Boston : Martinus Nijhoff Publishers, 2011.
Language Note:
English
Summary:
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 beyond positive harmonisation however. 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.
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.
Notes:
Description based upon print version of record.
Includes bibliographical references and index.
ISBN:
1-283-35664-3
9786613356642
90-04-20672-8
OCLC:
777548896
Publisher Number:
10.1163/9789004206724 DOI

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