EU Law and Private International Law: The Interrelationship in Contractual Obligations

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Martinus Nijhoff Publishers, Nov 25, 2011 - History - 371 pages
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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.
 

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Contents

EU Private International Law
1
Party Autonomy as its Cornerstone
35
The National Perspective
125
A Matter for Rome I?
177
5 The Harmonisation of Contract Law by the Union
245
6 Free Movement and the Determination of the Applicable Law
275
Bibliography
339
Index
367
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About the author (2011)

Jan-Jaap Kuipers, Ph.D (2011) in Law, European University Institute, is Assistant Professor European Law at the Radboud University Nijmegen (The Netherlands). He has published extensively on issues relating to civil cooperation within the European Union.

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