10. Between Articles 14 and 27 of Rome I: How to interpret a European Regulation on Conflict of Laws?

2011 ◽  
Author(s):  
Axel Flessner
Keyword(s):  
European Regulation ◽  
Conflict Of Laws ◽  
Rome I

Remedies and the Conflict of Laws

2021 ◽  
pp. 225-248
Author(s):  
Adam Rushworth
Keyword(s):  
Theoretical Basis ◽  
Conflict Of Laws ◽  
England And Wales ◽  
Rome I

This essay seeks to outline the theoretical basis underpinning the approach to remedies in the conflict of laws in light of the application of the rules contained within the Rome I and Rome II Regulations. It examines issues that have arisen in practice, in particular in cases before the courts of England and Wales, including with respect to matters of evidence, damages and interest, interim remedies and declaratory relief.

Law Applicable to Unilateral Juridical Acts and Uniform Conflict-of-law Rules

2013 ◽  
pp. 1-15
Author(s):  
Monika Pauknerová
Keyword(s):  
International Law ◽  
Private International Law ◽  
European Regulation ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Technical Structure ◽  
Juridical Acts ◽  
Supranational Regulation ◽  
Conflict Of Law

Private international law smoothes the edges of civilian law and common law thanks to its specific legislative and technical structure. Conflict-of-law rules are considered to be neutral, and therefore more appropriate for unification, than substantive rules because countries are prepared to surrender their own individual solutions for the sake of uniform international or supranational regulation. This is evident in the successful unification of conflict-of-law rules at the global and European Union levels, as compared with the less common partial unifications of substantive rules. The paper illustrates several examples of unilateral legal acts in the European space, how diverse may be their substantive qualification in different legal systems, and what impacts these substantive differences may have upon the determination of the applicable law for obligations under European conflict-of-law rules. From the perspective of the conflict of laws, an issue remains open regarding what approach should be taken where a uniform legislative instrument – namely a European Regulation – fails to include a particular institution or act either expressly or impliedly.

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

Einstweiliger Rechtsschutz in grenzüberschreitenden Schiedsverfahren

2021 ◽  
Author(s):  
Julia Mink
Keyword(s):  
Civil Procedure ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Cross Border ◽  
Arbitral Proceedings ◽  
Contractual Obligations ◽  
Substantive Law ◽  
Interim Measures ◽  
Rome I ◽  
Einstweiliger Rechtsschutz

The thesis focuses on the difficulties of determining the applicable law in interim proceedings in cross-border arbitral proceedings. First, it examines whether arbitral tribunals have a lex arbitri. Subsequently, the various possibilities of interim measures are described and the question is discussed whether arbitral tribunals have to refer to the Rome I Regulation or Section 1051 of the German Code of Civil Procedure in order to determine the applicable conflict of laws for contractual obligations. Then, it is analysed how the applicable substantive law is to be determined or how to proceed in case of non-determinability of such. Finally, the consequences of the application of a substitute law for the main proceedings are discussed.

Consumer Protection in the EU Conflict-of-Laws Framework

2019 ◽  
Vol 18 (1) ◽  
pp. 169-193
Author(s):  
Carlos Llorente
Keyword(s):  
Consumer Protection ◽  
Conflict Of Laws ◽  
Consumer Law ◽  
Cross Border ◽  
Consumer Contracts ◽  
Centre Of Rotation ◽  
Globalized World ◽  
Rome I ◽  
Insight Into ◽  
The Eu

Consumer law nowadays pervades all areas of activity where consumers are present. The EU, along with its Member States, is probably one of the leading actors in promoting consumer protection. Also, in a globalized world, where the fact of being a consumer is a valuable asset (given their purchasing power), the cross-border implications of consumer contracts need to be effectively tackled by legislators. The EU has tried to address global legal concerns concerning consumer contracts by producing conflict-of-law rules such as article 6 of the Rome I Regulation and others contained in specifically-focused directives. This article reviews the scope and application of those rules and offers some insight into the not-so-well construed interaction between them all, keeping in mind that article 6 of the Rome I Regulation should be the centre of rotation of all EU PIL law in this field.

scholarly journals CONNECTION AND COHERENCE BETWEEN AND AMONG EUROPEAN INSTRUMENTS IN THE PRIVATE INTERNATIONAL LAW OF OBLIGATIONS

2013 ◽  
Vol 63 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Elizabeth B Crawford ◽  
Janeen M Carruthers
Keyword(s):  
International Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Rome I

AbstractThis article considers points of connection and coherence between and among the Rome I Regulation, the Rome II Regulation, and Regulation 1215, and relevant predecessor instruments. The degree of consistency in aim, design and detail of conflict of laws rules is examined, vertically (between/among consecutive instruments) and horizontally (across cognate instruments). Symbiosis between instruments is explored, as is the interrelationship between choice of court and choice of law. Disadvantaged parties, and the cohesiveness of their treatment under the Regulations, receive particular attention.

scholarly journals Law Applicable to Consumer Contracts: Interaction of the Rome I Regulation and EU-directive-based Rules on Conflicts of Laws

2016 ◽  
Vol 24 ◽  
pp. 63 ◽  
Author(s):  
Ragne Piir ◽  
Karin Sein
Keyword(s):  
Consumer Protection ◽  
Legal Certainty ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Eu Directive ◽  
Article 9 ◽  
Consumer Contracts ◽  
Mandatory Rules ◽  
Rome I ◽  
Apparent Problem

The article discusses the abundance and interaction of rules aimed at determining the law applicable to cross-border consumer contracts. Firstly, it examines whether there is a continuing need for conflict-of-laws rules that stem from consumer-related directives. It then addresses the question of whether the Estonian Law of Obligations Act’s conflict-of-laws rules comply with the consumer-related directives. Lastly, the relations between the conflict‑of‑laws rules stemming from consumer-related directives and the Rome I Regulation are analysed. The authors conclude that the level of consumer protection afforded by Rome I seems to allow for a waiver of the various simultaneously existing directive-based conflict rules. Such renunciation would not only resolve the issue of inaccurate transposition to national laws – an apparent problem for the Estonian legislator as well – but also contribute to legal certainty. While the conflict-of-laws rules of Rome I and the national directive-based rules coexist, the latter are to be considered subordinately to Rome I. The conflict rules of the Estonian Law of Obligations Act are deemed to be only domestically mandatory and therefore not to be viewed as overriding mandatory rules in the sense of Article 9 of Rome I.

scholarly journals Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 9 października 2019 r. w sprawie BGL BNP Paribas SA c/a TeamBank AG Nürnberg (C‑548/18)

2020 ◽  
Vol 26 ◽  
pp. 223-236
Author(s):  
Witold Kurowski
Keyword(s):  
European Union ◽  
Third Party ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Third ◽  
Common Opinion ◽  
The Law ◽  
The Third Party ◽  
Rome I ◽  
The Eu

The question of the law applicable to the third-party effects of assignments of claims is widely discussed in the doctrinal debates. In common opinion, the existing European conflict-of-laws regulations do not provide for a rule governing this issue. In the case BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18), the Court of Justice of the European Union confirmed this gape of the Rome I Regulation.The gloss presents the justification of the European Union Court’s judgment, the reasons for the lack of the uniform conflict-of-laws regulation, and the consequences of this state. It also analyses briefly the European Commission’s proposal for the EU Regulation concerning the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final), as a response to this situation. Finally, it examines the appropriate conflict-of-laws rules for proprietary effects of assignments of claims (the law of the assignor’s habitual residence and the law of the assigned claim).

Environmental Law — The Black Sheep in Rome Il's Drive for Legal Certainty? Article 7 of Regulation (EC) No. 864/2007 on the Law Applicable to Non-Contractual Obligations in Context

2009 ◽  
Vol 11 (3) ◽  
pp. 161-172
Author(s):  
Emmanuel Guinchard ◽  
Simone Lamont-Black
Keyword(s):  
Environmental Law ◽  
Primary Source ◽  
Environmental Damage ◽  
European Regulation ◽  
Conflict Of Laws ◽  
Black Sheep ◽  
European Tradition ◽  
International Laws ◽  
The Law ◽  
Contractual Obligations

Early in 2009, the Rome II Regulation on the law applicable to non-contractual obligations came into force in the European Community. As the very first European Regulation on choice of law, it finally enables environmental lawyers to refer to a single primary source throughout the EC when dealing with conflict of laws issues (that is, cases having a foreign element, such as those involving transboundary pollution) rather than asserting the law applicable according to the private international laws of the numerous Member States. This article focuses on the rules relating to environmental damage and, in particular, on Article 7, which appears to be the ‘black sheep’ of Rome II. In contrast to Rome II as a whole, Article 7 has no real background in European tradition; it is expressly grounded in Community law, and, last but not least, it deliberately creates uncertainty. Despite its character as an inverse mirror of the system of Rome II, Article 7 is a welcome solution in the interests of the protection of the environment and it reinforces Community policies in the absence of further harmonisation in this field since, for the purpose of deterrence, the burden of uncertainty falls on the alleged polluter.

scholarly journals The Group Insurance Contract in Private International Law

2019 ◽  
Vol 66 (3) ◽  
pp. 507-535
Author(s):  
Mariusz Fras
Keyword(s):  
Member State ◽  
International Law ◽  
Private International Law ◽  
Legal Regime ◽  
Conflict Of Laws ◽  
Insurance Contracts ◽  
Group Insurance ◽  
The Subject ◽  
Rome I ◽  
Insurance Agreement

Abstract The provisions on obligations under insurance relationships included in Article 7 of the Rome I Regulation are relatively complicated. However, although individual insurance contracts have their own legal regime in each Member State, only a few national legislators have decided to lay down the consequences of concluding a group insurance agreement. The Rome I Regulation does not include any special conflict of laws rule concerning group insurance contracts, which has been criticized in the literature on the subject.

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