The Conflict of Regulations between the Brussels I(Bis) and Rome II Regulation: Europeanisation of the 'Fumus Boni Iuris Rule'

Mitchell Selie

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SSRN Electronic Journal

Article . 2014 . Peer-reviewed

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https://dx.doi.org/10.2139/ssr...

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The Conflict of Regulations between the Brussels I(Bis) and Rome II Regulation: Europeanisation of the 'Fumus Boni Iuris Rule'

descriptionPublicationkeyboard_double_arrow_right Article , Other literature type 01 Jan 2014 English Publisher:Elsevier BVJournal:SSRN Electronic Journal (eissn: 1556-5068,

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Authors: Mitchell Selie;

doi: 10.2139/ssrn.2455976

The Conflict of Regulations between the Brussels I(Bis) and Rome II Regulation: Europeanisation of the 'Fumus Boni Iuris Rule'

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Abstract

In European private international law, the ECJ has been particularly thoughtful of promoting legal certainty in its interpretation of the main legal instruments. However, Article 15, d) Rome II and Article 31 (35) Brussels I(bis) both appear to govern provisional measures without any clarification by the ECJ. In his contribution, the author develops a conciliatory interpretation between these two articles.

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