Study Notes on Private International Law
Private International Law – Study Notes
The most important instruments of European Union Law in terms of this course are the following:
Brussels Convention and Brussels I Regulation (i.e. 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters) (Schedule I to the Civil Jurisdiction and Judgments Act 1982) and Brussels I Regulation (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) *
Rome Convention on the Law Applicable to Contractual Obligations (1980) (Contracts (Applicable Law) Act 1990 in Schedule 1 of the Act) and the Regulation of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) 593/2008 in June 2008, which will enter into force from 17 December 2009 *
Rome II Regulation (i.e. Regulation (EC) No 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations) *
Brussels II bis Regulation (Brussels II bis 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, repealing Regulation (EC) No 1347/2000) *
The 1980 Hague Convention on the Civil Aspect of International Child Abduction *
Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations OJ 2009 L7/1.
The prominence of different connecting factors varies depending on which EU instrument is relevant in a particular case. For instance, domicile plays no role in matters of parental responsibility but is slightly more prominent for purposes of divorce jurisdiction, at least in the context of the UK and Ireland. It has a very prominent role to play in the context
The most important instruments of European Union Law in terms of this course are the following:
Brussels Convention and Brussels I Regulation (i.e. 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters) (Schedule I to the Civil Jurisdiction and Judgments Act 1982) and Brussels I Regulation (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) *
Rome Convention on the Law Applicable to Contractual Obligations (1980) (Contracts (Applicable Law) Act 1990 in Schedule 1 of the Act) and the Regulation of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) 593/2008 in June 2008, which will enter into force from 17 December 2009 *
Rome II Regulation (i.e. Regulation (EC) No 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations) *
Brussels II bis Regulation (Brussels II bis 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, repealing Regulation (EC) No 1347/2000) *
The 1980 Hague Convention on the Civil Aspect of International Child Abduction *
Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations OJ 2009 L7/1.
The prominence of different connecting factors varies depending on which EU instrument is relevant in a particular case. For instance, domicile plays no role in matters of parental responsibility but is slightly more prominent for purposes of divorce jurisdiction, at least in the context of the UK and Ireland. It has a very prominent role to play in the context