The Community legislator is carrying out an ambitious project with the aim of laying down a regulatory framework for international relations governed by private law in order to provide them with greater legal certainty, without relinquishing the particular characteristics of the different national legislations. Within this framework, several initiatives have been taken for the unification of conflict of law, both in property and family matters, which are at different processing stages (Regulations, Proposals for Regulations or Green Papers). This work consists of a serious and rigorous analysis of all these initiatives, proposing keys and principles to solve them in order to make them known. The first part analyses the initiatives of the Community legislator in the field of property law. This field is at a later processing stage and this allowed the analysis of the content of the already approved Regulation concerning non-contractual obligations –Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), as well as the proposal for a Regulation that is meant to replace very soon the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (Rome I). The second part deals with family law. Some of the initiatives in this field, which are analysed in this work, are at an early processing stage –Green Paper on succession and wills of 1 March 2005, or the Proposal for a Council Regulation of 17 July 2006 as regards jurisdiction and applicable law in matrimonial matters. Other initiatives have already become Regulations that regulate some other partial aspects of family law without dealing with applicable law –Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. The volume includes contributions made by the editors and by Mr. Luis Francisco Carrillo Pozo, Professor of Private International Law of the University of Gerona (Spain), Ms. Ana María López Rodríguez, Professor of Private International Law of the University of Aarhus (Denmark), Mr. Guillermo Palao Moreno, Chair of Private International Law of the University of Valencia (Spain) , Ms. Alessandra Lanciotti, Professor of Private International Law of the University of Perugia (Italy), Mr. Simone Marinai, Professor of EU Law of the University of Pisa (Italy), Mr. Ivan Sammut, Professor of Private International Law of the University of Malta, Mr. Paolo Venturi, Professor of Private International Law of the University of Siena (Italy), and Mr. Alfonso Ybarra Bores, Professor of Private International Law of the Pablo de Olavide University (Spain), and Lawyer.
Hacia un derecho conflictual europeo: realizaciones y perspectivas / Verso un diritto internazionale privato europeo: risultati e prospettive
DI FILIPPO, MARCELLO;
2008-01-01
Abstract
The Community legislator is carrying out an ambitious project with the aim of laying down a regulatory framework for international relations governed by private law in order to provide them with greater legal certainty, without relinquishing the particular characteristics of the different national legislations. Within this framework, several initiatives have been taken for the unification of conflict of law, both in property and family matters, which are at different processing stages (Regulations, Proposals for Regulations or Green Papers). This work consists of a serious and rigorous analysis of all these initiatives, proposing keys and principles to solve them in order to make them known. The first part analyses the initiatives of the Community legislator in the field of property law. This field is at a later processing stage and this allowed the analysis of the content of the already approved Regulation concerning non-contractual obligations –Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), as well as the proposal for a Regulation that is meant to replace very soon the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (Rome I). The second part deals with family law. Some of the initiatives in this field, which are analysed in this work, are at an early processing stage –Green Paper on succession and wills of 1 March 2005, or the Proposal for a Council Regulation of 17 July 2006 as regards jurisdiction and applicable law in matrimonial matters. Other initiatives have already become Regulations that regulate some other partial aspects of family law without dealing with applicable law –Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. The volume includes contributions made by the editors and by Mr. Luis Francisco Carrillo Pozo, Professor of Private International Law of the University of Gerona (Spain), Ms. Ana María López Rodríguez, Professor of Private International Law of the University of Aarhus (Denmark), Mr. Guillermo Palao Moreno, Chair of Private International Law of the University of Valencia (Spain) , Ms. Alessandra Lanciotti, Professor of Private International Law of the University of Perugia (Italy), Mr. Simone Marinai, Professor of EU Law of the University of Pisa (Italy), Mr. Ivan Sammut, Professor of Private International Law of the University of Malta, Mr. Paolo Venturi, Professor of Private International Law of the University of Siena (Italy), and Mr. Alfonso Ybarra Bores, Professor of Private International Law of the Pablo de Olavide University (Spain), and Lawyer.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
