General Principles of European Private International Law

European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a ‘general part’) is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: - the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area. Features: - In-depth overview of the manifold pitfalls associated with cases concerning European private international law. - Detailed analysis of the seemingly harmoniszed but haphazard conflict of law issues across the EU. - Expert recommendations for a set of overarching rules for European private international law. Benefits: - Master the salient conflict of laws issues in any European private international law case. - Take giant steps toward developing a European framework of private international law. - Master the intricacies of European cross-border disputes in private law.

Editor and Contributors Preface List of Abbreviations CHAPTER 1 Introduction Felix M. Wilke Part I Conceptual Issues CHAPTER 2 Recognition as a Substitute for Conflict of Laws? Matthias Lehmann CHAPTER 3 The Role of Economic Efficiency in European Private International Law Giesela Rühl CHAPTER 4 A ‘Rome 0’ Regulation from a Political Point of View Rolf Wagner Part II The Subject Matter CHAPTER 5 Classification: A Subject Matter for a Rome 0 Regulation? Helmut Heiss & Emese Kaufmann-Mohi CHAPTER 6 Preliminary Question Gerald Mäsch CHAPTER 7 Overriding Mandatory Provisions Hans Jürgen Sonnenberger Part III The Connecting Factor CHAPTER 8 Party Autonomy, Legal Doctrine on Choice of Law, and the General Section of the European Conflict of Laws Heinz-Peter Mansel CHAPTER 9 ‘Habitual Residence’: A Plea for ‘Settled Intention’ Marc-Philippe Weller & Bettina Rentsch CHAPTER 10 Dual and Multiple Nationals, Stateless Persons, and Refugees Peter Mankowski CHAPTER 11 Closest Connection and Escape Clauses Oliver Remien Part IV The Applicable Law CHAPTER 12 Renvoi in European Private International Law Jan von Hein CHAPTER 13 References to Non-unified Legal Systems Florian Eichel CHAPTER 14 Ordre Public (Public Policy) Wolfgang Wurmnest CHAPTER 15 Adaptation Gerhard Dannemann Part V Further General Issues CHAPTER 16 The Law of Agency Martin Gebauer CHAPTER 17 Ascertaining and Applying Foreign Law Eva-Maria Kieninger