Navigating the Nexus: The Doctrinal Significance of Close Connection in the Enforcement of (Not Only) Overriding Mandatory Norms Cover Image

Navigating the Nexus: The Doctrinal Significance of Close Connection in the Enforcement of (Not Only) Overriding Mandatory Norms
Navigating the Nexus: The Doctrinal Significance of Close Connection in the Enforcement of (Not Only) Overriding Mandatory Norms

Author(s): Dominika Moravcová
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Akademia Leona Koźmińskiego
Keywords: overriding mandatory provisions; ordre public; lex fori; lex causae

Summary/Abstract: The incidence of private law relationships involving a foreign element is increasing within the European Union due to various factors. This article examines the concept of a nexus as a tacit requirement for activating the protective mechanism of lex fori overriding mandatory provisions under the Rome I and Rome II Regulations. It further explores the analogous application of these findings to another mechanism – the ordre public exception.

  • Issue Year: 17/2025
  • Issue No: 4
  • Page Range: 256-272
  • Page Count: 17
  • Language: English
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