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The Rome I Regulation on the Law Applicable to Contractual Obligations (Hardcover)
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The Rome I Regulation on the Law Applicable to Contractual Obligations (Hardcover)
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The Rome I Regulation applies to all EU Member States (except
Denmark) in relation to 'contractual obligations in civil and
commercial matters' in 'situations involving a conflict of laws'
that arise out of contracts concluded from 17 December 2009. The
Rome I Regulation has been described by the European Commission as
'a central element of the Community acquis in the area of civil
justice'. This book is the most comprehensive work on the
development of the Rome I Regulation that studies in detail the
historical background, the legislative development and the
teleological purpose of the Regulation. Beginning with the work
that led up to the 1972 Draft Convention and the much neglected
original French rapporteur's commentary, the author traces
developments in the text through the 1980 Convention, highlights
the legislative developments that began with the 2003 Green Paper,
the Commission's 2005 Proposal and the subsequent negotiations that
took place in the European Council and European Parliament that led
to the final text of the Rome I Regulation itself. Particular
emphasis is placed on highlighting the legislative intent reflected
in the changes to the text of the draft Regulation that were made
by the Civil Law Committee (Rome I) of the Council. The book marks
out the borderline between the Rome I and Rome II Regulations, and
considers in detail the application of the conflict-of-law rules in
the Rome I Regulation to the specifically protected contracts such
as consumer, insurance, carriage of passengers and individual
employment contracts. It provides a primary source of reference for
all readers involved in the practical interpretation of the Rome I
Regulation, or who are interested in choice of law issues arising
in international commercial contractual disputes.
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