Rome I Regulation - Commentary / Ulrich Magnus, Peter Mankowski, Andrea Bonomi, Calvo Caravaca Alfonso-Luis, Javier Carrascosa Gonzalez, Richard G. Fentiman, Franco Ferrari, Pietro Franzina, Francisco Garcimartín Alférez, Helmut Heiss, Luís Pietro Rocha de Lima Pinheiro, Ulrich Magnus, P.
Preface -- List of Authors -- Table of Contents -- Official Reports -- List of Principal Works -- Additional Bibliography -- List of Abbreviations -- Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) -- Introduction -- Chapter I: Scope -- Chapter II: Uniform Rules -- Article 3: Freedom of choice -- Article 4: Applicable law in the absence of choice -- Article 5: Contracts of carriage -- Article 6: Consumer contracts -- Article 7: Insurance contracts -- Article 8: Individual employment contracts -- Article 9: Overriding mandatory provisions -- Article 10: Consent and material validity -- Article 11: Formal validity -- Article 12: Scope of the law applicable -- Article 13: Incapacity -- Article 14: Voluntary assignment and contractual subrogation -- Article 15: Legal subrogation -- Article 16: Multiple liability -- Article 17: Set-off -- Article 18: Burden of proof -- Chapter III: Other Provisions -- Chapter IV: Final Provisions -- Index.
Summary
One of the great steps towards a European Private International Law and for the facilitation of transborder trade is the Rome I Regulation which europeanised the applicable law for international contracts throughout the Union (though except Denmark). This Regulation has to be applied since the end of 2009. It has moderately reformed and replaced the former Rome Convention which had already proven its practical value for over two decades as many national decisions and also judgments of the European Court of Justice evidence. It is therefore high time for a truly pan-European Commentary on the Rome I Regulation which takes account of the European nature of this instrument. This is reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. The editors are Ulrich Magnus and Peter Mankowski who have already edited the well-received pan-European Commentaries on the Brussels I Regulation and the Brussels IIbis Regulation. The Commentary (in English) provides a thorough article-by-article analysis which intensely uses the rich case law and doctrine and suggests clear and practical solutions for disputed issues. It gives a comprehensive and actual account of the present state of the European international contract law. For international lawyers, practitioners as well as academics, it is an indispensable must.
Bibliography
Includes bibliographical references and index.
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