Rome Regulations: Commentary on the European Rules of the Conflict of Laws

The year 2009 marks a revolution in European conflict of laws. The so-called Rome I and II Regulations, both entering into force this year, will bind the Member States of the European Union to a common set of rules for the choice of law in international private law disputes. They apply to both contractual and non-contractual disputes, their reach even extends to the application of non-Member State law. This poses great challenges to Courts and practitioners in every EU Member State, as there is only little case-law and doctrinal literature on the new rules, the uniform application of which will be overseen by the European Court of Justice. The Commentary answers to these challenges. It is an indispensable companion for both academics and legal professionals seeking their way through the Regulations. Renowned conflict of laws scholars comment every provision of the Regulations in a systematic, thorough and comprehensive manner, making them accessible to a broad international legal audience. Mirroring the German tradition of scholarly commentaries on Parliamentary Acts, the authors are selected from the distinguished group of relatively young German private international law scholars, whose exceptionally high qualifications are represented by their passing through the German Habilitation -system (second book requirement) as well as their proven ability to publish in the English language .

Table of Contents:
Preface List of Authors List of Abbreviations Introduction Part One: The Rome I Regulation REGULATION (EC) No 593/2008 Chapter I Scope Article 1 Material Scope Article 2 Universal Application 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 Article 19 Habitual Residence Article 20 Exclusion of Renvoi Article 21 Public Policy of the Forum Article 22 States with More Than One Legal System Article 23 Realtionship with Other Provisions of Community Law Article 24 Relationship with the Rome Convention Article 25 Relationship with Existing International Conventions Article 26 List of Conventions Article 27 Review Clause Article 28 Application in Time Chapter IV Final Provisions Article 29 Entry into Force and Application Part Two: The Rome II Regulation REGULATION (EC) No 864/2007 Chapter I Scope Article 1 Scope Article 2 Non-contractual Obligations Article 3 Universal Application Chapter II Torts/Delicts Article 4 General Rule Article 5 Product Liability Article 6 Unfair Competition and Acts Restricting Free Competition Article 7 Environmental Damage Article 8 Infringement of Intellectual Property Rights Article 9 Industrial Action Chapter III Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo Article 10 Unjust Enrichment Article 11 Negotiorum Gestio Article 12 Culpa in Contrahendo Article 13 Applicabililty of Article 8 Chapter IV Freedom of Choice Article 14 Freedom of Choice Chapter V Common Rules Article 15 Scope of the Law Applicable Article 16 Overriding Mandatory Provisions Article 17 Rules of Safety and Conduct Article 18 Direct Action against the Insurer of the Person Liable Article 19 Subrogation Article 20 Multiple Liability Article 21 Formal Validity Article 22 Burden of Proof Chapter VI Other Provisions Article 23 Habitual Residence Article 24 (Exclusion of Renvoi) Article 25 States with More Than One Legal System Article 26 Public Policy of the Forum Article 27 Relationship with Other Provisions of Community Law Article 28 Relationship with Existing International Conventions Chapter VII Final Provisions Article 29 List of Conventions Article 30 Review Clause Article 31 Application in Time Article 32 Date of Application