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This thoroughly revised and updated second edition of EU Private International Law by Peter Stone analyses in detail the current development of private international law at European Union level. Peter Stone examines the provisions of, and the case-law on, measures such as the Brussels I Regulation on civil jurisdiction and judgments the Rome I and II Regulations on the law applicable to contractual and non-contractual obligations the Brussels IIA Regulation on matrimonial proceedings and parental responsibility Regulation 4/2009 on maintenance and Regulation 1346/2000 on insolvency proceedings. The author welcomes, in principle, the movement towards European harmonisation in the sphere of private international law, but has misgivings over various aspects of the current legislation and case-law. Given the considerable development in this area of law since the first edition, law academics, law students, and legal practitioners interested in international litigation in matters governed by private law will warmly welcome this new book. Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
The harmonization of private international law in Europe has, to a very large extent, been the result of both legislation adopted at EU level and the subsequent case law arising from the interpretation of that legislation. This fourth edition of Peter Stone’s authoritative work has been thoroughly revised and updated to take account of the most recent developments at both EU and national levels, including the recast Brussels I regulation on civil jurisdiction and the recast Insolvency regulation, and numerous decisions of the European and English courts. Key features include:
• comprehensive and in-depth coverage of key legislative developments within the EU in relation to private international law
• addresses key questions and identifies weaknesses in the current law, following up with suggestions for improvements
• combines perspectives from both civil law and common law traditions
• extensive tables of cases and legislation.
This timely work will be an invaluable point of reference for practising lawyers, the judiciary, legislators and policy-makers throughout the EU. Academics and public officials interested in conflicts of laws will also find this a vital resource. EU Private International Law by Peter Stone is an excellent study that brings up to date the complexities of EU private international law. Stone’s book, with its rich and detailed analysis of cases, will prove invaluable to academics, students and practitioners.
Contents
Part I Introduction
Introduction
Part II Civil Jurisdiction and Judgments
History, outline and scope
Domicile
Alternative jurisdiction
Protected contracts
Exclusive jurisdiction
Submission
Concurrent proceedings
Provisional measures and taking evidence
Recognition and enforcement of judgments
Enforcement procedure
Part III Choice of Law in Respect of Obligations
Contracts
Protected contracts
Torts
Restitution
Part IV Family Matters 16 Matrimonial proceedings 419
Parental responsibility
Other family matters
Part V Insolvency
Insolvency
Index