Publication details

A Few Observations on Choice of Law



Type Chapter of a book
MU Faculty or unit

Faculty of Law

Description Th is paper from the area of PIL addresses certain aspects of the choice of law under the universal collision rules of Community law for Rome I Regulation and Rome II Regulation. The authors discuss the institution of choice of law from the vantage point of Czech PIL, and in doing so reflect the differences brought about by the fact that the Rome I came into being by way of a transformation of an international convention. Since these two rules of community law contain no longer any choice-of-law concept in its pure form, but various forms of limitations, the authors engage in an analysis of these individual types. Their rejection of the generally accepted doctrine according to which choice of law is permissible in intrastate obligations appears controversial. Situations that were possible at the time at which the Rome Convention was still in force are no longer permissible under the Rome I and Rome II Regulations. Other limitations of the choice of law have also found the interest of the authors.
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