This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a ‘general part’) is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following:
- the relationship between conflict of laws and recognition;
- the room for party autonomy;
- the concept of habitual residence;
- adaptation when interplay between different laws leads to deadlock;
- public policy exceptions;
- the desirability of a general escape clause;
- the classic topics of characterisation, incidental question, and renvoi; and
- right to appeal in case of errors in the application of foreign law.
Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
Features ;
- In-depth overview of the manifold pitfalls associated with cases concerning European private international law.
- Detailed analysis of the seemingly harmoniszed but haphazard conflict of law issues across the EU.
- Expert recommendations for a set of overarching rules for European private international law.
Benefits ;
- Master the salient conflict of laws issues in any European private international law case.
- Take giant steps toward developing a European framework of private international law.
- Master the intricacies of European cross-border disputes in private law.