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This book looks at the question of extending the reach of the
Brussels Ia Regulation. The Regulation, the centerpiece of the EU
framework on civil procedure, is widely recognised as one of the
most successful legal instruments on judicial cooperation and its
extension has long been anticipated. This examination looks at its
extending to apply to defendants not domiciled in a Member State.
It asks whether that extension can be justified when compared to
the domestic rules of each Member State. It critically assesses the
question, based on the findings of national reports. It then looks
at the question from the EU perspective, the perspective of
signatories to the Lugano Convention (for eg EFTA) and the wider
global perspective. Private international lawyers will be keen to
read the findings and conclusions, which will also be of interest
to practitioners and policy makers.
The French projet d'ordonnance, which reformed contract law, the
general regime of obligations and the proof of obligations appeared
in February 2015. One year later, in February 2016, the final
version of the ordonnance was published. The ordonnance thoroughly
reforms French contract law and the law of obligations and will
enter into force in October 2016.This book results from the
Contract Law Workshop of the 20th Ius Commune Conference held 26-27
November 2015. The theme of this Workshop was: 'The French Contract
Law Reform: a Source of Inspiration?' Since the conference in
November 2015, all authors have incorporated comments on the final
version of the ordonnance. Whereas Van Loock briefly sketches the
antecedents and the outcome of the reform, the other authors each
tackle specific topics of the reform that surprised and/or excited
the legal community. Pannebakker tackles the precontractual phase
and assesses the attractiveness of the reform for international
commercial transactions. Peeraer gives a critical overview of the
doctrine of nullity in the ordonnance. Leone explores the potential
impact of the 'significant imbalance' test in the new ordonnance on
employment contracts. In their contributions, Lutzi and Oosterhuis
discuss the much-debated provision that introduces the theory of
imprvision. The contributions by Jansen and Verkempinck are both
focused on remedies: the newly introduced price reduction remedy
and damages. Storme criticises the new rules on set-off in the
ordonnance, and Mah addresses the question why the final version of
the ordonnance omitted the issue of interpersonal effects of
fundamental rights on contractual freedom.
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