Party Autonomy in Contractual and Non-Contractual Obligations
A European and Anglo-Common Law perspective on the freedom of choice of law in the Rome I Regulation on the law applicable to contractual obligations and the Rome II Regulation on the law applicable to non-contractual obligations
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Beschreibung
This study examines the principle party autonomy as provided for in the European Rome I Regulation and the Rome II Regulation. It critically reflects on the position of the freedom to choose the law in contract and tort in the common law jurisdictions of Australia, New Zealand, Canada and Singapore. It calls to reform the common law approach.
This study presents a comprehensive examination of party autonomy as provided for in the European Rome I Regulation and the Rome II Regulation. It follows an integrated method of analysis, whereby the principle of party autonomy as provided for in the Regulations is first compared with the pre-regulation position in Germany and England. This provides the basis for the subsequent critical reflection on the position of party autonomy in the Anglo-common law jurisdictions of Australia, New Zealand, Canada and Singapore. The study proposes that these European developments make an important contribution to the call for reform of the common law position concerning party autonomy in contractual, and more significantly, in non-contractual obligations.
Autor*in
Maya Mandery
Themen in »Party Autonomy in Contractual and Non-Contractual Obligations«
Anglo applicable Autonomy choice Common Contractual European freedom Mandery Obligations Party Party autonomy perspective Private International Law Regulation