Place of performance : a comparative analysis /

Chukwuma Samuel Adesina Okoli.
Bok · Engelsk · 2020 · Electronic books.

Omfang	1 online resource (313 pages).
Utgave	First edition.
Opplysninger	Intro -- Series Editor's Preface -- Acknowledgements -- Table of Contents -- Table of Cases -- Table of Legislation, International Conventionsand Policy Documents -- 1. Introduction -- I. Background -- II. Scope of the Applicable Law: Place of Performance -- III. Originality -- IV. Methodology -- V. Structure and Summary of the Book -- VI. Some Observations on Terminology -- 2. Historical Analysis on the Place of Performance as a Choice of Law Rule -- I. Introduction -- II. Pre-Rome Convention -- III. Rome Convention -- IV. Rome I Regulation Proposal -- V. Conclusion. - 3. Should the Place of Performance be Given Special Significance under a Revised Article 4 of Rome I Regulation? -- I. Introduction -- II. A Critical Analysis of the Rationale for the Doctrine of the Habitual Residence of the Characteristic Performer -- III. Escape Clause and the Place of Performance -- IV. Moving Towards the Place of Characteristic Performance: Some Issues -- V. Conclusion -- 4. Article 9(3) of Rome I Regulation: Place of Performance as an Expression of the Principle of Proximity -- I. Introduction -- II. A Historical and Comparative Analysis: Pre-Rome Convention. - II. Proposed Model of a Revised Article 4 of Rome I Regulation and Accompanying Recitals -- III. Alternative Proposal -- 7. Conclusion -- I. Summary of the Research Findings -- II. Transmission of the Model of the Revised Article 4 of Rome I Regulation to Other Countries or Legal Systems -- III. Final Word -- Bibliography -- Index. - III. Article 7(1) of the Rome Convention: The Principle of Proximity and the Place of Performance -- IV. Article 8(3) of the Rome I Proposal: The Principle of Proximity and the Place of Performance -- V. Article 9 of Rome I Regulation -- VI. Should Article 9(3) of Rome I Regulation be Suppressed? -- VII. Conclusion -- 5. Coherence between Jurisdiction and Choice of Law: Implications for the Place of Performance -- I. Introduction -- II. Types of Coherence between Jurisdiction and Choice of Law. - III. Historical Connection between the EU Jurisdiction and Choice of Law Regimes for Commercial Contracts: A Critical Analysis -- IV. Choice of Law as a Determinant of Jurisdiction under Article 7(1)(a) of Brussels Ia -- V. What are the Differences between Choice of Law and Jurisdiction which Militate against Resolving them in the Same Manner? -- VI. Why do European Jurisdiction Rules Support the Claim on the Significance of the Place of Performance of the Commercial Contract in Choice of Law Matters? -- VII. Conclusion -- 6. Legislative Proposal -- I. Background. - "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."--
Sjanger	Electronic books.
ISBN	9781509936236