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Study on Mandatory Rules of Regulation (EC) No 593/2008 of the European Parliament and of the Council on the Law Applicable to Contractual Obligations (Rome Ⅰ)

Author: LiYuXuan
Tutor: DaiXia
School: Jinan University
Course: International Law
Keywords: Peremptory norms Public order Public Policy Rome Ⅰ Contract conflict rules
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 108
Quote: 0
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Abstract


Peremptory norms of EU legislation was first introduced in the level of conflict rules , from 1980 , \By order of the \EU law applicable to contractual obligation for two kinds of limitation / exclusion mechanism - peremptory norms and public order maintained as a principle of party autonomy applies two barrier. Our latest \However, the mechanism of specific provisions for limiting legislation , there are still shortcomings , and the actual trial of the case in the past , the limitation / exclusion mechanism for very low probability . European Court of Justice since 1977 on public order and / peremptory norms of cases have occurred, the verdict from the initial identification of EU Member States have their own definition of public order powers into the use of EU law and the integrity of this trial moderation restrict the powers and formed two uniform criteria . EU court ruling related to two standards and EU legislation , for our country all have legislation and judicial practice reference.

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CLC: > Political, legal > Legal > International law > Private international law
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