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European Private International Law of Obligations, The

European Private International Law of Obligations, The
6th Edition
ISBN:  9780414117549
Published by:  Sweet & Maxwell
Publication Date:  25 Oct 2023
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The European Private International Law of Obligations deals with conflict of laws as mediated by European rules and regulations. It provides unrivalled analysis of the Rome I and Rome II Regulations and their practical implications, helping practitioners interpret them since they came into force in 2009. It supplies expert commentary on the scope, principles and application of Rome I, governing the construction of contracts, and the rules governing non-contractual obligations under Rome II.

Between them the Rome Regulations comprise a common set of rules for the choice of law in international private law disputes, whether contractual or non-contractual. Practical knowledge of and guidance on the Regulations is essential for all practitioners involved in commercial transactions that involve an international element.


  • Takes practitioners step by step through the Rome Regulations
  • Explains the terms and concepts used in the Regulations
  • Provides warnings of problems that can arise and suggests answers to problems of interpretation
  • Discusses contracts of carriage, consumer contracts, insurance contracts, employment contracts, mandatory rules and ordre public, showing how Rome I applies to each
  • Covers the rules governing non-contractual obligations under Rome II, including product liability, liability for breach of competition rules, intellectual property, industrial action, environmental damage, unjust enrichment, negotiorum gestio and culpa in contrahendo
  • Puts the Regulations into their historical context, aiding their correct interpretation
  • Covers the implementation of the Regulations in the UK, European Court of Justice cases concerning the Regulations and other related EU private international law instruments, and decisions of the English courts
  • Explains how the Regulations are to be applied in the UK following the withdrawal of the UK from the EU


This edition is the first since the withdrawal of the United Kingdom from the European Union. A new chapter has been included to deal specifically with the technicalities of how Rome I and Rome II Regulations apply in the UK following the end of the transition period.

In addition, the title has been fully reviewed and updated to take account of new cases and legislative developments since the last 2019 edition was published.

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Part One: Common Principles

  • Chapter 1: Contexts and Origins;
  • Chapter 2: The Dividing Line between Rome I and Rome II;
  • Chapter 3: The Country Whose Law Is to Be Applied.

Part Two: Contract

  • Chapter 4: Legislative History and Scope of the Rome I Regulation;
  • Chapter 5: Excluded Matters;
  • Chapter 6: Freedom of Choice;
  • Chapter 7: Applicable Law in Default of Choice;
  • Chapter 8: Contracts of Carriage;
  • Chapter 9: Consumer Contracts;
  • Chapter 10: Insurance Contracts;
  • Chapter 11: Employment Contracts;
  • Chapter 12: Mandatory Rules and Ordre Public;
  • Chapter 13: Voluntary Assignment, Subrogation, Multiple Liability and Set-off;
  • Chapter 14: Scope of the Applicable Law, Validity and Proof Introduction;
  • Chapter 15: Final Provisions;

Part Three: The Law Applicable to Non-contractual Obligations

  • Chapter 16: The Scope of the Law Applicable to Non-contractual Obligations;
  • Chapter 17: The Rome II Regulation: Legislative History and Scope;
  • Chapter 18: The General Choice of Law Rule for Tort and Delict;
  • Chapter 19: Product Liability;
  • Chapter 20: Competition;
  • Chapter 21: Environmental Damage;
  • Chapter 22: Intellectual Property Rights;
  • Chapter 23: Industrial Action;
  • Chapter 24: Unjust Enrichment;
  • Chapter 25: Negotiorum Gestio;
  • Chapter 26: Culpa in Contrahendo;
  • Chapter 27: Mandatory Rules and Ordre Public;
  • Chapter 28: Direct Actions against Insurers, Subrogation and Multiple Liability;
  • Chapter 29: Freedom to Choose and Applicable Law;

Part Four: Rome I and II Regulations and the UK;

  • Chapter 30 Application of the Rome I and Rome II Regulations in the UK after the end of the Transition Period.


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