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Party Autonomy in Contractual and Non-Contractual Obligations Maya Mandery

Party Autonomy in Contractual and Non-Contractual Obligations By Maya Mandery

Party Autonomy in Contractual and Non-Contractual Obligations by Maya Mandery


Summary

This study examines the principle party autonomy as provided for in the European Rome I Regulation and the Rome II Regulation. It critically reflects on the position of the freedom to choose the law in contract and tort in the common law jurisdictions of Australia, New Zealand, Canada and Singapore. It calls to reform the common law approach.

Party Autonomy in Contractual and Non-Contractual Obligations Summary

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 I Regulation on the law applicable to contractual obligations and the Rome II Regulation on the law applicable to non-contractual obligations by Maya Mandery

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.

About Maya Mandery

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

Table of Contents

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.

Additional information

GOR012694682
9783631653210
3631653212
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 I Regulation on the law applicable to contractual obligations and the Rome II Regulation on the law applicable to non-contractual obligations by Maya Mandery
Used - Well Read
Hardback
Peter Lang AG
20140815
310
N/A
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