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Books > Law > International law > Private international law & conflict of laws
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Civil Jurisdiction Rules of the EU and their Impact on Third States (Hardcover, Scholar's,)
Loot Price: R5,856
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Civil Jurisdiction Rules of the EU and their Impact on Third States (Hardcover, Scholar's,)
Series: Oxford Private International Law Series
Expected to ship within 10 - 15 working days
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Over the past few years the European Community has been active in
establishing rules of civil jurisdiction. This book provides a
comprehensive treatment of the three main instruments for
implementing these rules: Brussels I (covering jurisdiction in
civil and commercial matters), Brussels IIbis (jurisdiction in
matters of divorce and parental responsibility) and the Insolvency
Regulation. The Regulations were drawn up from the point of view of
the European Community and the facilitation of co-operation between
the Member States. However, legal practice shows that disputes,
whether of a commercial or family nature, are not always neatly
restricted to being either within the competence of the EU, or
entirely outside the EU. When a single dispute might fall into the
jurisdiction of either EU Member States or third States, the exact
scope of application of the Regulations is uncertain. This book
covers the background and development of civil jurisdiction rules
in the European Union, analysing the three main regulations on
civil jurisdiction, and the effect that the application of these
rules has on parties domiciled or habitually resident outside the
EU, particularly with regard to the recognition and enforcement of
judgments made within the EU in external jurisdictions. There is
analysis of case law and practical problems which have arisen, or
might arise, in disputes where there is a conflict of laws between
an EU Member State and a third State, for example involving the
rules of the domicile of the defendant, exclusive jurisdiction,
forum clauses, and procedural rules such as forum non conveniens
and lis pendens. It will also examine the external competences of
the European Community in the field of civil jurisdiction with
regard to the ECJ Lugano Opinion and the far-reaching implications
of this ruling for possible future conventions, both for the EU and
for third states who will now have to negotiate with the European
Community as a whole, and not with a collection of states.
General
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