A Conceptual Analysis of European Private International Law: The General Issues in the EU and its Member States

Author:   Felix M. Wilke
Publisher:   Intersentia Ltd
Volume:   0
ISBN:  

9781780686905


Pages:   416
Publication Date:   25 February 2019
Format:   Hardback
Availability:   In Print   Availability explained
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A Conceptual Analysis of European Private International Law: The General Issues in the EU and its Member States


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Overview

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.

Full Product Details

Author:   Felix M. Wilke
Publisher:   Intersentia Ltd
Imprint:   Intersentia Ltd
Volume:   0
Dimensions:   Width: 16.00cm , Height: 3.00cm , Length: 24.00cm
Weight:   0.855kg
ISBN:  

9781780686905


ISBN 10:   1780686900
Pages:   416
Publication Date:   25 February 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction (p. 1) PART I. FOUNDATIONS. Chapter 1. Method (p. 11) Chapter 2. Material (p. 41) Part II. APROACHES. Chapter 3. The Formal Approach (p. 87) Chapter 4. The Substantive Approach (p. 287) PART III. STANDARDS. Chapter 5. Law (p. 301) Chapter 6. Policy (p. 319) Conclusion (p. 353)

Reviews

REVIEW QUOTE: The author provides [...] an in-depth analysis of the issues of codification of a general part of Private International Law. -- Gunther Kuehne, Rabels Zeitschrift, 2021.This quote has been translated from German. REVIEW QUOTE:'You heard it from the Max Planck Institute's mouth: Highly recommended!' -- Matthias Lehmann, EAPIL, 2020.


"REVIEW QUOTE: ""The author provides [...] an in-depth analysis of the issues of codification of a general part of Private International Law."" -- Gunther Kuehne, Rabels Zeitschrift, 2021.This quote has been translated from German. REVIEW QUOTE:'You heard it from the Max Planck Institute's mouth: Highly recommended!' -- Matthias Lehmann, EAPIL, 2020."


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