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

ISBN-13: 9783631653210 / Angielski / Twarda / 2014 / 310 str.

Maya Mandery

Opis

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.

Spis treści

Contents: Private International Law - Party Autonomy - Freedom of choice - Choice of law - Rome I Regulation on the law applicable to contractual obligations - Rome II Regulation on the law applicable to non-contractual obligations - Anglo-common law jurisdictions of Australia, New Zealand, Canada and Singapore - Pre-regulation position in Germany and England.

O autorze

Maya Mandery holds an LL.B. (hons) from the University of Auckland (New Zealand), an LL.M. of the University of Würzburg and is Dr. iur (University of Cologne). Currently, she is a lecturer at the Faculty of Law at the University of Auckland.