Eu Law And Private International Law (nijhoff Studies In European Union Law)
by Kuipers /
2011 / English / PDF
2.6 MB Download
The Rome I Regulation on the Law Applicable to Contractual
Obligations has unified the conflict of laws rules of the Member
States. The influence of the European Union upon Private
International Law goes beyond positive harmonisation however. There
is a certain tension between European law and PIL. European law is
concerned with whether the imposition of a rule constitutes a
restriction to the internal market whereas PIL does not seek to
neutralise the disadvantages that result from differences between
national laws but instead tries to locate the geographical centre
of the legal relationship. The present book attempts to identify
the methodological disharmony between the two legal disciplines in
the regulation of cross border contracts and proposes suggestions
to enhance their mutual understanding.
The Rome I Regulation on the Law Applicable to Contractual
Obligations has unified the conflict of laws rules of the Member
States. The influence of the European Union upon Private
International Law goes beyond positive harmonisation however. There
is a certain tension between European law and PIL. European law is
concerned with whether the imposition of a rule constitutes a
restriction to the internal market whereas PIL does not seek to
neutralise the disadvantages that result from differences between
national laws but instead tries to locate the geographical centre
of the legal relationship. The present book attempts to identify
the methodological disharmony between the two legal disciplines in
the regulation of cross border contracts and proposes suggestions
to enhance their mutual understanding.
