The Rome Iii Regulation

This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.

The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.

This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.

The new s.elp Pocket Commentaries are reduced to essential information on current legal developments. With these short and handy books you can easily update your knowledge. The first volume deals with the new Rome II Regulation on the law applicable to non-contractual obligations, which became effective on 11.1.2009. Comprehensive and accessible analysis of the rules of the Rome II Regulation on the private international law of non-contractual obligations Coverage of practical issues such as international product liability, liability for environmental damage or non-contractual liability for unfair competition Written by a team of internationally orientated scholars

European and international family law is becoming increasingly important. This commentary with the new European divorce law, namely: · The so-called Rome III Regulation on enhanced cooperation in the field of separation and divorce · The so-called Brussels IIa Regulation on the recognition and enforcement of judgments in matrimonial matters and custody matters (European Marriage Regulation) In addition to various other European standards and conventions, these two directly applicable EU regulations are the central provisions of the new European divorce law and thus of paramount importance for every actor in family law in all binational family law cases. The commentary is supplemented by a brief explanation of the Hague Convention on the Protection of Children (CISA).

The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces an entirely new choice-of-law regime for non-contractual obligations. The book contains analysis by 15 experts of the impact of the Regulation in areas such as product liability, traffic accidents and environmental damage.

A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.