This concise book, now in its 4th edition, is mainly intended to be used as an introduction to the rules of private international law belonging to the legal system of the European Union. It provides legal practitioners with an overview of this highly complex field of law and can serve as an introductory textbook in elective undergraduate courses and master programs offered today by many law schools both to their own students and to exchange students from other countries. The book will hopefully also be useful as a spring-board towards more profound studies of statutory texts, case law and legal literature.
Marta Pertegás Sender is professor of Private International Law and Transnational Law at Maastricht University. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
Foreword
Contents
Abbreviations
Chapter 1 Introduction
1.1 The Subject
1.2 EU Involvement
1.3 The Sources
Chapter 2 The Direct Impact of the TFEU on the PIL of the Member States
2.1 The Use of Citizenship as a Connecting Factor and the Prohibition of Discrimination on Grounds of Nationality
2.2 The Freedom of Movement and the Principle of Control by the Country of Origin
Chapter 3 Regulation Brussels I
3.1 History of the Regulation
3.2 The Scope and Other General Features of the Regulation
3.3 The Jurisdictional Rules of the Regulation
3.4 The Recognition and Enforcement of Foreign Judgments
Chapter 4 Instruments Complementary to the Brussels I Regulation
4.1 European Enforcement Order for Uncontested Claims
4.2 Uniform European Procedures
4.3 Alternative Dispute Settlement
Chapter 5 Regulation Brussels II
5.1 The Scope and Other General Features of the Regulation
5.2 Marriage Dissolution
5.3 Parental Responsibility
Chapter 6 Some Additional Instruments on Jurisdiction and Recognition/Enforcement of Judgments
6.1 The Maintenance Regulation
6.2 The Succession Regulation
6.3 The Regulations on Property Aspects of Marriages and Registered Partnerships
6.4 Personal Protection Measures in Civil Matters
6.5 Some Other Regulations and Directives
Chapter 7 Regulation Rome I
7.1 The Scope and Other General Features of the Regulation
7.2 Party Autonomy
7.3 Applicable Law in the Absence of Choice
7.4 Weak-Party Contracts
7.5 Overriding Mandatory Rules
7.6 The Scope of the Applicable Law
Chapter 8 Regulation Rome II
8.1 The Scope and Other General Features of the Regulation
8.2 Freedom of Choice and the General Conflict Rule
8.3 Conflict Rules for Specific Torts
8.4 Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo
Chapter 9 Some Additional Conflict Rules in Other Instruments
9.1 Weak-Party Contracts
9.2 The Directive on Electronic Commerce
9.3 Maintenance
9.4 Divorce and Legal Separation (Regulation Rome III)
9.5 The Succession Regulation
9.6 The Regulations on Property Aspects of Marriages and Registered Partnerships
9.7 Some Other Regulations and Directives
Chapter 10 The Insolvency Regulation
10.1 The Scope and Other General Features of the Regulation
10.2 Jurisdiction
10.3 Applicable Law
10.4 Recognition and Enforcement
10.5 Secondary Proceedings
10.6 Lodgment of Claims and Information to Creditors
10.7 Insolvency Proceedings Concerning Members of a Group of Companies
Chapter 11 Service of Documents, Taking of Evidence and Legal Aid
11.1 Service of Documents
11.2 Taking of Evidence
11.3 Legal Aid
Alphabetical Table of ECJ Decisions
Numerical Table of ECJ Decisions
Bibliography
Index