Jurisdiction in, and the law applicable to, cross-border contractual obligations: the objectives and impact of the EU's legislative journey

This thesis researches EU private international law rules relating to contracts, including its historical development, its rules and its policy objectives. In order to evaluate EU private international law and its policy objectives, English and Belgian private international law rules are investigated as exemplars of domestic law systems within the EU. In this approach lies one of the unique contributions to knowledge of the project. In particular the research takes an original and unique approach by investigating issues from an EU as well as a comparative national perspective. English and Belgian law represent different legal histories and systems (common law and civil law) and are therefore representative of the types of compromises that have to be made at an EU level. Moreover, the relevant legal instruments in the area of research have undergone some changes, some of which are significant and very recent. Particular reference must be made here to the Brussels I Regulation recast 2012. Due to its recent nature, very little publications are available, a gap the research wants to help fill by a detailed textual analysis of the relevant provisions. Finally, there is as of yet little detailed research on the EU’s policy objectives in the area of private international law. To some extent this holds true for English and Belgian law as well. The research aims to help fill that gap.

Name dc:type.qualificationname

phd

Level dc:type.qualificationlevel

doctoral

Grantor dc:publisher.institution

Nottingham Trent University

Year dc:date.issued

2014

Author dc:creator

• Strecker, S

Language dc:language

en