Place of Performance : A Comparative Analysis
Book Details
Format
Hardback or Cased Book
Book Series
Studies in Private International Law
ISBN-10
1509936203
ISBN-13
9781509936205
Publisher
Bloomsbury Publishing PLC
Imprint
Hart Publishing
Country of Manufacture
GB
Country of Publication
GB
Publication Date
May 28th, 2020
Print length
312 Pages
Weight
620 grams
Dimensions
16.20 x 24.00 x 2.60 cms
Product Classification:
Private international law & conflict of laws
Ksh 21,400.00
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This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.
This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.
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