1. Fragmentation of approaches and rules in the Brussels I bis Regulation: framing the issue of the enforcement of the instrument in light of diverse rules, and of autonomous EU substantive law. – 2. Material and private international law: “dependency”, “autonomy” and “indirect effect”. – 2.1. Disconnecting material law from private international law. – 2.2. Material law shaping relevant private international law conducts: effects and consequences of a “reversed disconnection clause”. – 3. Fragmentations within EU private international law, and the application and enforcement of the Brussels I bis Regulation. – 4. Gaps in protection: disconnections between principles and rules in the Brussels I bis Regulation. – 5. Ensuring protection of weaker parties in the application and enforcement of the Brussels I bis Regulation: remarks and suggestions.
Diverse Unities of Law: Coordination, Application of Heads of Jurisdiction, and Enforcement of Policies for the Protection of Weaker Parties
stefano dominelli
2021-01-01
Abstract
1. Fragmentation of approaches and rules in the Brussels I bis Regulation: framing the issue of the enforcement of the instrument in light of diverse rules, and of autonomous EU substantive law. – 2. Material and private international law: “dependency”, “autonomy” and “indirect effect”. – 2.1. Disconnecting material law from private international law. – 2.2. Material law shaping relevant private international law conducts: effects and consequences of a “reversed disconnection clause”. – 3. Fragmentations within EU private international law, and the application and enforcement of the Brussels I bis Regulation. – 4. Gaps in protection: disconnections between principles and rules in the Brussels I bis Regulation. – 5. Ensuring protection of weaker parties in the application and enforcement of the Brussels I bis Regulation: remarks and suggestions.
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