The Europeanisation of the Private International Law. The Autonomous Interpretation of Matters Relating to a Contract" - a Test of Coherence Cover Image
  • Price 3.90 €

Europenizarea dreptului internaţional privat. Interpretarea autonomă a noţiunii de «materie contractuală» - un test al coerenţe
The Europeanisation of the Private International Law. The Autonomous Interpretation of Matters Relating to a Contract" - a Test of Coherence

Author(s): Orga-Dumitriu Gina
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: conflict of laws/jurisdictions; matters relating to a contract; matters relating to tort; delict or quasi-delict; consumer contracts; autonomous qualification;

Summary/Abstract: The study begins with a diachronic view of the interferences between Private International law and EU law - internationalization of sources for private international law and diversification of its methods (I). The Europeanisation of private international law does not concern only its sources and is not limited solely to the rules regarding jurisdiction in case of cross-border litigations or the law applicable to contractual obligations, but also covers non-contractual obligations, divorce and legal separation, succession, maintenance obligations, matrimonial property regimes and registered partnerships. By exercising its interpretative function, the Court of Justice became a decisive factor in guaranteeing the legal security provided by this suite of regulations. Subsequently, we shall proceed with analyzing CJEU's contribution to the autonomous qualification of the "matters relating to a contract" concept (II): i) an extensive interpretation of the "matters relating to a contract" concept (§1), ii) the delimitation between the matters relating to a contract and the matters relating to tort, delict or quasi-delict (§2) and iii) a restrictive interpretation of the "matters relating to a contract" concept when we discuss about consumer contracts (§3). On the mission to interpret private international law, the qualification operation will become more and more often the task of the Luxembourg Court, which will popularize the autonomous qualification postulated by Rabel.

  • Issue Year: 2017
  • Issue No: 01
  • Page Range: 125-142
  • Page Count: 18
  • Language: Romanian