Download Oxford Essays in Jurisprudence: Fourth Series by Jeremy Horder PDF
By Jeremy Horder
The fourth number of essays during this usual sequence brings jointly the various major participants to the examine of the philosophical foundations of universal legislation. Key concerns in agreement, tort, and legal legislations are subjected to philosophical scrutiny, the purpose being to supply a thrilling new foundation for complex educating and extra research.
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3. J. 1979 No. C 59/ 71 para. 43 et seq. g. von Hein, Rauscher: EuZPR/EuIPR (2011), Art. 1 Rome I para. 29. de Jan D. Lüttringhaus Article 1 paras. 115 In the context of the European provisions on jurisdiction, the ECJ held that legal relations between the spouses “which have no conne[ct]ion with the marriage”116 are not excluded. In light of Recital (7), this rationale also applies to Rome I when it comes to contractual obligations which are not rooted in a matrimonial or a comparable property regime.
1 of the respective Regulation delineates the “contractual” and “non-contractual” sphere in European private international law. This may further be illustrated by questions relating to culpa in contrahendo, which are expressly excluded from “contractual obligations” in Art. 1(2)(i) Rome I. Instead, they fall within the scope of the “non-contractual obligations” addressed by Art. 16 This 12 13 14 15 16 Lüttringhaus, 77 RabelsZ (2013), 31, 37 et seq. Lüttringhaus, 77 RabelsZ (2013), 31, 41 et seq.
26. g. Lagarde/Tenenbaum, Rev. crit. DIP 2008, 727, 734; von Hein, Rauscher: EuZPR/EuIPR (2011), Art. 1 Rome I para. 26. J. EU 2010 L 343/10. See Art. 3(1) Regulation (EU) No 1259/2010. Von Hein, Rauscher: EuZPR/EuIPR (2011), Art. 1 Rome I para. 27. J. 1980 No. C 282/1, Art. 1 para. 3. de Jan D. Lüttringhaus Article 1 paras. 102 In general, Art. 1(2)(b) therefore only excludes contractual obligations 48 arising “out of ” family or comparable relationships. 103 III. 104 While this exclusion can also be traced back to the Brussels and Rome Conventions,105 the exclusion in the new Regulations mainly owes to the recent efforts to Europeanise these fields of law.