Overriding Mandatory Rules in EU Private International Law
As a result of the increasing incidence of private law relationships with a foreign element, courts hearing cases are frequently obliged to apply foreign law. The interference of foreign law is liable to produce effects that may conflict with the public interest of the lex fori. Precisely for this r...
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| Format: | Article |
| Language: | English |
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Comenius University in Bratislava, Faculty of Law
2024-12-01
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| Series: | Bratislava Law Review |
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| Online Access: | https://blr.flaw.uniba.sk/index.php/BLR/article/view/865 |
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| author | Dominika Moravcová |
| author_facet | Dominika Moravcová |
| author_sort | Dominika Moravcová |
| collection | DOAJ |
| description | As a result of the increasing incidence of private law relationships with a foreign element, courts hearing cases are frequently obliged to apply foreign law. The interference of foreign law is liable to produce effects that may conflict with the public interest of the lex fori. Precisely for this reason, we consider it essential to be aware of the available protective mechanisms through which the court can protect the public interest, not only of the lex fori, but even, under certain circumstances, of the public interest of the foreign legal order. The present article deals with the mechanism of overriding mandatory provisions in private international law in order to identify the requirements for the activation of the selected mechanism in the Slovak courts' application practice. Given that this mechanism is not covered by the Slovak Act on International Private and Procedural Law, the article deals mainly with the rules enshrined in the Rome I Regulation. The first part of the present article deals with the definition of overriding mandatory provisions, the application in private international law, and the historical perspectives in the light of the so-called Rome Convention. Subsequently, the article focuses on the classification of overriding mandatory provisions and their impact within the limits relevant to Slovak courts.
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| format | Article |
| id | doaj-art-e4dbf12a4b6a4e91acdd0177f89a58a6 |
| institution | Kabale University |
| issn | 2585-7088 2644-6359 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Comenius University in Bratislava, Faculty of Law |
| record_format | Article |
| series | Bratislava Law Review |
| spelling | doaj-art-e4dbf12a4b6a4e91acdd0177f89a58a62024-12-31T11:46:41ZengComenius University in Bratislava, Faculty of LawBratislava Law Review2585-70882644-63592024-12-018210.46282/blr.2024.8.2.865Overriding Mandatory Rules in EU Private International LawDominika Moravcová0https://orcid.org/0000-0003-0936-6749University of TrnavaAs a result of the increasing incidence of private law relationships with a foreign element, courts hearing cases are frequently obliged to apply foreign law. The interference of foreign law is liable to produce effects that may conflict with the public interest of the lex fori. Precisely for this reason, we consider it essential to be aware of the available protective mechanisms through which the court can protect the public interest, not only of the lex fori, but even, under certain circumstances, of the public interest of the foreign legal order. The present article deals with the mechanism of overriding mandatory provisions in private international law in order to identify the requirements for the activation of the selected mechanism in the Slovak courts' application practice. Given that this mechanism is not covered by the Slovak Act on International Private and Procedural Law, the article deals mainly with the rules enshrined in the Rome I Regulation. The first part of the present article deals with the definition of overriding mandatory provisions, the application in private international law, and the historical perspectives in the light of the so-called Rome Convention. Subsequently, the article focuses on the classification of overriding mandatory provisions and their impact within the limits relevant to Slovak courts. https://blr.flaw.uniba.sk/index.php/BLR/article/view/865Overriding Mandatory ProvisionsPublic Interestthe Rome I RegulationInternational Private Law |
| spellingShingle | Dominika Moravcová Overriding Mandatory Rules in EU Private International Law Bratislava Law Review Overriding Mandatory Provisions Public Interest the Rome I Regulation International Private Law |
| title | Overriding Mandatory Rules in EU Private International Law |
| title_full | Overriding Mandatory Rules in EU Private International Law |
| title_fullStr | Overriding Mandatory Rules in EU Private International Law |
| title_full_unstemmed | Overriding Mandatory Rules in EU Private International Law |
| title_short | Overriding Mandatory Rules in EU Private International Law |
| title_sort | overriding mandatory rules in eu private international law |
| topic | Overriding Mandatory Provisions Public Interest the Rome I Regulation International Private Law |
| url | https://blr.flaw.uniba.sk/index.php/BLR/article/view/865 |
| work_keys_str_mv | AT dominikamoravcova overridingmandatoryrulesineuprivateinternationallaw |