HAVELKA, Libor. Moving Back and Forth: On the Relationship between the Brussels I Regulation and International and National Law. In Jean-Sylvestre Bergé, Stéphanie Francq, Miguel Gardenes Santiago. Boundaries of European Private International Law. Brusel: Bruylant, 2015. p. 249-264. ISBN 978-2-8027-4697-3.
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Basic information
Original name Moving Back and Forth: On the Relationship between the Brussels I Regulation and International and National Law
Authors HAVELKA, Libor.
Edition Brusel, Boundaries of European Private International Law, p. 249-264, 16 pp. 2015.
Publisher Bruylant
Other information
Original language English
Type of outcome Proceedings paper
Field of Study 50500 5.5 Law
Country of publisher Belgium
Confidentiality degree is not subject to a state or trade secret
Publication form printed version "print"
Organization unit Faculty of Law
ISBN 978-2-8027-4697-3
Keywords in English Brussels I Regulation; International Conventions; Relationship; National Courts; Jurisdiction
Tags Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 7. 3. 2016 16:14.
Abstract
Notwithstanding the regularity of the application of the Brussels I Regulation by the Member States’ civil courts, the relation between the Regulation and the specialised conventions dealing with the same matters still remains ambiguous. The practice of the national courts demonstrates the difficulties national courts have to face when applying Article 71 of the Regulation, which governs the relation of the Regulation with the conventions. The goal of the paper is to analyse the interplay between the Brussels I Regulation, specialised conventions, and national law with regard to the relevant case law of the national courts and to discuss possible solutions.
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