Agency in the conflict of Laws: A New German Rule
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Jan Von Hein [1]
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[1] Albert-Ludwig University Freiburg
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- Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 54, Nº. 1, 2018, págs. 5-32
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
In spite of the rapidly growing Europeanisation of private international law, a uniform choice-of-law rule determining the law applicable to agency is still lacking in the EU. Although the European Commission had already made a proposal for such a rule in 2005, an agreement among the Member States could not be reached in the subsequent negotiations; thus, the final Rome I Regulation explicitly excludes agency from its scope of application (Art.1 (2)(g) Rome I). Whereas Italy adopted a mie on the law applicable to agency in the course of the major PIL reform of 1995 (Art. 60 legge 31 maggio 1995 n. 218), German courts, until recently, had to apply unwritten, judge-made rules to this question. In 2017, however, the German legislature added a new Artide 8 on voluntary representation to its Code on Private International Law. This provision is based on a proposal by the 2nd Commission of the German Council for Private International Law. In the present article, the author offers an introduction to the new conflicts rule and describes the rationale of its main features.
