The New Rule on the Assignment of Rights in Rome I – the Solution to all our Proprietary Problems?


There is an article in the new issue of the European Review of Private Law on “The new rule on the assignment of rights in Rome I – the solution to all ourproprietary problems? Determination of the conflict of laws rule in respect of the proprietary aspects of assignment” by Lilian Stephens (E.R.P.L. 2006, 14(4), 543-576). Here’s the abstract:

Considers the extent of the neutral and formal nature of conflict of laws rules applying to the proprietary aspects of an assignment of a right, in light of the harmonisation of conflict of laws within the EU. Discusses attempts to harmonise substantive law on assignment and to harmonise conflict of laws rules in respect of assignment in the Rome Convention Art.12, in particular in respect of the proprietary aspects, and compares the interpretation of Art.12 in the Netherlands, Germany, England, France and Belgium. Assesses the relevant conflict of laws rule in the Proposal for a European Parliament and Council Regulation on the law applicable to contractual obligations (Rome I).

Those with a subscription can download the article from the Kluwer website when the journal issue becomes available.