EU Law and Private International Law: The Interrelationship in Contractual Obligations
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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applicable law applicable to contractual application of overriding basis Brussels case-law choice of law conflict of laws consumer law consumer protection contractual obligations Cour de Cassation Court doctrine droit international privé Dutch economic effect employee established European Contract Law European Union favour foreign overriding mandatory free movement French German habitual residence harmonisation hoge raad host member Ingmar instrument internal market Internationaal Privaatrecht jurisdiction labour law applicable Law Review laws norms laws rules legal order legal system legislation lex causae lex loci solutionis lois de police mandatory rules mutual recognition netherlands ordre public overriding manda overriding mandatory provisions party autonomy principle private autonomy Private International Law private law private parties public policy RabelsZ Recht requirement restriction rome Convention rome I regulation scope of application situation substantive sumer supra note territory tFeU third country tion treaty unilateral conflict Union law vested rights weaker party