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Повелителните норми в съвременното международно частно право
Mandatory Rules in Private international Law

Author(s): Plamenka Markova
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: mandatory and overriding mandatory rules in conflict of laws; ordre public exception; public interest; protection of the weaker party

Summary/Abstract: The study looks into some general issues related to mandatory (substantive) provisions in conflict of laws namely the concepts and terminology in their development comparing national legislations and the private international law doctrines. Special attention is paid to their relation to conflict of laws rules and to the ordre public exception. The main source of solutions to these problems is art.9 of the Rome I Regulation which is analyzed through the latest case-law of the European Court of Justice (Greece v.G. Nikiforidis; Unamar v. Navigation Maritime Bulgare; Ingmar GB Ltd v. Eaton Leonard Technologies Inc.).

  • Issue Year: 2017
  • Issue No: XV
  • Page Range: 187-251
  • Page Count: 65
  • Language: Bulgarian