Place of performance : a comparative analysis / Chukwuma Samuel Adesina Okoli.

Format:

Book

Author/Creator:

Okoli, Chukwuma Samuel Adesina, author.

Series:

Studies in private international law.

Studies in private international law

Language:

English

Subjects (All):

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.

Conflict of laws--Contracts--European Union countries.

Conflict of laws.

Physical Description:

1 online resource (xxxiv, 278 pages).

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

London [England] : Hart Publishing, 2020.

Summary:

"This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules"-- Provided by publisher.

Contents:

Introduction

Historical Analysis on the Place of Performance as a Choice of Law Rule

Should the Place of Performance be Given Special Significance under a Revised Article 4 of Rome I Regulation?

Article 9(3) of Rome I Regulation : Place of Performance as an Expression of the Principle of Proximity

Coherence between Jurisdiction and Choice of Law : Implications for the Place of Performance

Legislative Proposal

Conclusion

Notes:

Includes bibliographical references and index.

ISBN:

9781509936236

1509936238

9781509936212

1509936211

OCLC:

1151194613