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Author: Stefania Bariatti Publisher: Bloomsbury Publishing ISBN: 1847317634 Category : Law Languages : en Pages : 1370
Book Description
Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.
Author: Stefania Bariatti Publisher: Bloomsbury Publishing ISBN: 1847317634 Category : Law Languages : en Pages : 1370
Book Description
Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.
Author: Peter Hay Publisher: ISBN: 9781634593083 Category : Conflict of laws Languages : en Pages : 0
Book Description
•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Author: Trevor C. Hartley Publisher: Cambridge University Press ISBN: 0521868076 Category : Business & Economics Languages : en Pages : 963
Book Description
This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Author: Peter Stone Publisher: Edward Elgar Pub ISBN: 9781848440838 Category : Law Languages : en Pages : 562
Book Description
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Author: Peter Stone Publisher: Edward Elgar Publishing ISBN: 1781954550 Category : Law Languages : en Pages : 416
Book Description
The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a subst
Author: Michael Bogdan Publisher: Apollo Books ISBN: 9789089521088 Category : Civil law Languages : en Pages : 244
Book Description
This concise book is mainly intended to be used as an introduction to the rules of private international law belonging to the legal system of the European Union. It provides legal practitioners with an overview of this highly complex field of law and can serve as an introductory textbook in elective undergraduate courses and master programs offered today by many law schools both to their own students and to exchange students from other countries. The book will hopefully also be useful as a spring-board towards more profound studies of statutory texts, case law and legal literature. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
Author: Michael Bogdan Publisher: ISBN: 9789089520005 Category : Civil law Languages : en Pages : 0
Book Description
This book provides an easy access to and an overview of the case law of the Court of Justice of the European Union (ECJ) pertaining to private international law. The book contains edited extracts from all ECJ decisions of immediate private international law relevance, made before October 1, 2006. Most of the cases deal with the original or amended versions of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters from 1968. These judgments retain their authority also with regard to the interpretation of Regulation No 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the so-called Brussels I Regulation). The existing ECJ case law regarding other EU regulations and directives dealing with private international law, as well as a number of relevant judgments concerning the interpretation of the EU Treaties, are also included.
Author: Arthur Hartkamp Publisher: Bloomsbury Publishing ISBN: 150991188X Category : Law Languages : en Pages : 529
Book Description
This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.
Author: Stefania Bariatti
Author: Stefania Bariatti
Author: Peter Hay
Author: Trevor C. Hartley
Author: Nuray Ekşi
Author: Peter Stone
Author: Peter Stone
Author: Michael Bogdan
Author: Michael Bogdan
Author: PAUL. CRAIG
Author: Arthur Hartkamp