The European Private International Law of Obligations

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.

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 European jurisdictions.

FEATURES

• 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, recent European Court of Justice cases concerning other EC private international law instruments, and new decisions of the English courts

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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: Negostiorum Gusto
• Chapter 26: Culpa in Contrahendo
• Chapter 27: Mandatory Rules and Ordre Public
• Chapter 28: Direct Actions against Insurers
• Chapter 29: Freedom to Choose and Applicable Law
• Appendices.

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