Answers
Private International Law Tutorial 6
- Course
- Institution
Private International Law Tutorial 6
[Show more]
Seller
Follow
Safari
Reviews received
Content preview
Tutorial 6 - Contractual and non-contractual obgliations in private international lawTask 12 - Practice
Case 1 ‘1500 bagels’
1. Which court(s) has/have international competence?
We will probably use Brussels I recast. Germany and France are part of this regulation and
we must determine the scopes in order to find out whether we can apply the regulation:
- Material scope: art. 1 (1) and does not fall into exception of 1 (2)
- Formal scope: arts. 4-6 in conjunction with 63
- Temporal scope: arts. 66 and 81
Then the application. There is no exclusive jurisdiction according to art. 24, there is no
application of sections 3-5 and there is no prorogation.
Therefore, we apply art. 7 (1) b in conjunction with art. 4. Art. 7 (1) b says that in the case of
the sale of goods, the Member State where the goods were delivered or should have been
delivered has got jurisdiction. Because the bagels were delivered in France, the French court
has jurisdiction. We use it in conjunction with art. 4 which in conjunction with art. 63 we
establish German jurisdiction. This means that the plaintiff can choose.
With art. 7 you use case law Car Trim or Tessili Dunlop (see scheme at bottom of notes).
There is a performed obligation, but the place of factual performance is unknown. Therefore,
we go to not yet performed obligation. There is no agreement in the contract itself, and it is a
about a sales of goods after februari 2010, which means that we apply car trim. When
applying car trim, we see that the place of supposed physical transfer is used, so in this case
it is Paris.
If we must apply Tessili Dunlop, then we determine the applicable law according to the
conflict rules of the forum where the proceedings are seised at that moment.
2. Which law is applicable?
We will probably use Rome I regulation. Germany and France are part of this regulation and
we must determine the scopes in order to find out whether we can apply the regulation:
- Material scope: art. 1 (1) and does not fall into exception of 1 (2)
- Formal scope: art. 2 (universal scope)
- Temporal scope: arts. 28 and 29
Then the application. First, we check art. 3 (prorogation). There is no choice of law so art. 3
is not applicable. Then we check articles 5-8 to see if they apply which they do not. Then, we
apply art. 4 (1) a, in conjunction with art. 19 which determines Germany. So german
substantive law will apply (art. 20).
3. Which law is applicable? Or: Does this variation have consequences to the question for
the applicable law?
Now Fabrice is a consumer, so art. 6 (1) b is applicable. This means that the law of the
consumer’s habitual residence is applicable, which is French law. Specific supermandatory
rule art. 9 (3) also place of performance might matter. Also take these into account.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Safari. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.75. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53340 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now