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Brexit y régimen de ley aplicable a las obligaciones contractuales y no contractuales

Research output: Contribution to journalArticle

Original languageSpanish
Pages (from-to)125-154
JournalAnuario Español de Derecho internacional privado
VolumeXVII
Publication statusPublished - 2017

King's Authors

Abstract

The arrival of Brexit represents a general threat for the stability of the system of international judicial cooperation in civil and judicial matters that exists across the European Union. This uncertainty, however, is substantially limited in questions of applicable law to contractual and non-contractual obligations due to the possibility to create unilateral and universal instruments to regulate them. On this basis, this paper studies the implications of the United Kingdom’s decision to nationalize the Rome I and Rome II Regulations through the European Union (Withdrawal) Bill. While apparently simple, this solution requires the introduction of multiple amendments to the text of both Regulations and raises numerous doubts concerning their operability. For this reason, it is also appropriate to explore the possibility that the United Kingdom and the European Union conclude an international agreement on international judicial cooperation, including matters of applicable law. To this end, it is first necessary to evaluate the status of the 1980 Rome Convention after Brexit and, fundamentally, the role that this agreement could grant to the Court of Justice of the European Union.

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