Magnus/Mankowski, European Commentaries on Private International Law: Volume 2 Rome I Regulation - Commentary

One of the great steps towards a European Private International Law and for the facilitation of transborder trade is the Rome I Regulation which europeanised the applicable law for international contracts throughout the Union (though except Denmark). This Regulation has to be applied since the end of 2009. It has moderately reformed and replaced the former Rome Convention which had already proven its practical value for over two decades as many national decisions and also judgments of the European Court of Justice evidence. It is therefore high time for a truly pan-European Commentary on the Rome I Regulation which takes account of the European nature of this instrument. This is reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. The editors are Ulrich Magnus and Peter Mankowski who have already edited the well-received pan-European Commentaries on the Brussels I Regulation and the Brussels IIbis Regulation. The Commentary (in English) provides a thorough article-by-article analysis which intensely uses the rich case law and doctrine and suggests clear and practical solutions for disputed issues. It gives a comprehensive and actual account of the present state of the European international contract law. For international lawyers, practitioners as well as academics, it is an indispensable must.

One of the great steps towards a European Private International Law and for the facilitation of transborder trade is the Rome I Regulation which europeanised the applicable law for international contracts throughout the Union (though except Denmark). This Regulation has to be applied since the end of 2009. It has moderately reformed and replaced the former Rome Convention which had already proven its practical value for over two decades as many national decisions and also judgments of the European Court of Justice evidence. It is therefore high time for a truly pan-European Commentary on the Rome I Regulation which takes account of the European nature of this instrument. This is reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. The editors are Ulrich Magnus and Peter Mankowski who have already edited the well-received pan-European Commentaries on the Brussels I Regulation and the Brussels IIbis Regulation.

The Commentary (in English) provides a thorough article-by-article analysis which intensely uses the rich case law and doctrine and suggests clear and practical solutions for disputed issues. It gives a comprehensive and actual account of the present state of the European international contract law. For international lawyers, practitioners as well as academics, it is an indispensable must.

Preface 5 List of Authors 6 Table of Contents 7 Official Reports 8 List of Principal Works 10 Additional Bibliography 12 List of Abbreviations 14 Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) 23 Introduction 28 Chapter I: Scope 74 Chapter II: Uniform Rules 109 Article 3: Freedom of choice 109 Article 4: Applicable law in the absence of choice 285 Article 5: Contracts of carriage 463 Article 6: Consumer contracts 475 Article 7: Insurance contracts 512 Article 8: Individual employment contracts 599 Article 9: Overriding mandatory provisions 621 Article 10: Consent and material validity 683 Article 11: Formal validity 693 Article 12: Scope of the law applicable 739 Article 13: Incapacity 762 Article 14: Voluntary assignment and contractual subrogation 770 Article 15: Legal subrogation 789 Article 16: Multiple liability 792 Article 17: Set-off 802 Article 18: Burden of proof 811 Chapter III: Other Provisions 821 Chapter IV: Final Provisions 906 Index 908 " ... Provides a topical, thorough and succinct in-depth analysis of the Rome I Regulation, which is established as the pivot and fundament of European private international law, covering the most important subject of cross-border relations in an increasingly international world and in the Internal Market: contracts. The Rome I Regulation has become virtual every-day business in the ever growing world of cross-border contracting."--Back cover "The commentary provides an article-by-article analysis which uses case law and doctrine and suggests clear and practical solutions for disputed issues. It gives a comprehensive and actual account of the present state of the European international contract law"--Adapted from the publisher's description