Stefan Leible and Matthias Lehmann (both University of Bayreuth, Germany) have published an article on the Rome I Regulation: “Die Verordnung über das auf vertragliche Schuldverhältnisse anzuwendende Recht (“Rom I”). The article has appeared in the August issue of the German legal journal Recht der Internationalen Wirtschaft (RIW), 2008, pp. 528-544.
The authors have kindly provided the following English abstract:
The article provides an in-depth-analysis of the Regulation. It covers each of its provisions, starting from the scope of application to the relationship with other Community instruments. Major problems are highlighted, such as the application of consumer law (Art. 6), overriding mandatory provisions (Art. 9) or the law governing assignment and subrogation (Art. 14). A number of practical examples is used to illustrate the workings of the Regulation’s rules. The authors do not spare their criticism. For instance, they portray the treatment of insurance contracts (Art. 7) as overly complex and unsatisfactory. The Regulation’s provision allowing the application of certain foreign mandatory provisions (Art. 9 para 3) is criticized for not achieving the intended results.
See with regard to Rome I also our previous posts which can be found here.