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A Conceptual Analysis of European Private International Law - The General Issues in the EU and its Member States (Hardcover)
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A Conceptual Analysis of European Private International Law - The General Issues in the EU and its Member States (Hardcover)
Series: Intersentia Studies on Private International Law, 0
Expected to ship within 12 - 19 working days
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Private International Law (PIL) in Europe is marked by
fragmentation and complexity. At EU level, thus far six separate
regulations determine the applicable law in different fields of the
internal market (e.g. contractual/non-contractual obligations,
divorAce, succession). While their scope and structure are similar,
they do not offer a coherent picture of EU PIL. Moreover, the
regulations do not address certain issues at all. To make matters
even more complicated, national PIL rules of the Member States
apply for areas not yet covered by EU PIL. This state of affairs
has sparked a debate on whether a set of general rules or perhaps a
special regulation (''Rome '') could help to reduce this
complexity. But no common position, even on the scope of such a set
of rules, has been reached yet.This book begins by taking a step
back. It systematically and exhaustively analyses existing PIL
rules and issues in EU and national legislation, covering all EU
Member States in the process. It then demonstrates that the
characteristics of PIL themselves imply a framework for ''general
issues'' independently from language, codification or underlying
legal tradition. This is largely due to the common elements of PIL
rules, i.e. subject matter, connecting factor, and governing law.
Taking this further, the book concludes with possible implications
for the EU from a law and policy perspective.
General
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