The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law

This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU's objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU's current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU's current approach to private international law.

This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.

Offers a new approach to the topic: multidisciplinary study on the coordination of private international law, EU law and contracts involving weaker parties (e.g. consumers) Adopts a new perspective: explores core issues in private international law and reflects on why and when should we apply foreign law in the EU Proposes amendments regarding the legal instruments involved (e.g. the Rome I Regulation)

Autorentext

María Campo Comba is a legal researcher in EU and International law at Erasmus University Rotterdam (The Netherlands). She obtained her PhD degree in the field of Private International Law at the University of Groningen (The Netherlands) in 2019.

Inhalt

1 Introduction.- 2 The Rationale behind the Protection of Weaker Contracting Parties in EU PIL.- 3 The Rome I Regulation and Its Mechanisms of Protection of Consumers and Employees.- 4 The Relationship and Coordination between EU Consumer Directives and the Rome I Regulation.- 5 The Relationship and Coordination between EU Employment Directives and the Rome I Regulation.- 6 Other Possible Weaker Contracting Parties and the Rome I Regulation.- 7 Conclusion. <p