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Pietro Franzina

The Brussels Ibis Regulation includes a provision dealing specifically with the substantive validity of agreements as to jurisdiction. Pursuant to Article 25(1), a choice of court agreement, though admissible and formally valid, may not be enforced if null and void as to its substance under the law of the Member State whose courts have been chosen, or lex fori prorogati. The chapter begins by outlining the genesis of the rule, which was introduced with the recast of 2012. It goes on to discuss its design and operation. The focus is first on the global nature of the reference made under the rule to the law of the chosen court (that is, the fact that the rule involves a reference to the conflict of laws rules in force in the State where the chosen court sits, not just its substantive law). Second, the chapter analyses the scope of the law specified under the rule, clarifying the meaning of the expression ‘substantive validity’, as opposed to admissibility and other neighbouring notions. The paper concludes that the lex fori prorogati rule pursues two important goals of the Brussels I regime, since it promotes uniformity and reinforces party autonomy, but stresses that the inherent complexity of the rule makes its application difficult in practice. The elaboration of harmonised conflict of laws rules concerning the validity of choice of court agreements (or, indeed, the adoption of harmonised substantive rules on the matter) would significantly improve the picture.

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Pietro Franzina

This chapter provides commentary on Article 8 of the Rome III Regulation, the European Union Divorce Law Pact.

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Pietro Franzina

This chapter provides an introduction to the provisions that form Chapter I of Regulations 2016/1103 and 1104, concerning the scope of the Regulations and the definitions of some of their key notions.

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Pietro Franzina

This chapter provides an introduction to the provisions that form Chapter IV of Regulations 2016/1103 and 1104, concerning the recognition, enforceability and enforcement of decisions given in Member States.

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Pietro Franzina

This chapter provides a commentary of Article 36 of Regulations 2016/1103 and 1104.

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Pietro Franzina

This chapter provides an introduction to the provisions that form Chapter V of Regulations 2016/1103 and 1104, on the acceptance and enforceability of authentic instruments and the enforceability of court settlements.

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Pietro Franzina

This chapter provides a commentary of Article 58 of Regulations 2016/1103 and 1104.

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Pietro Franzina

This chapter provides a commentary of Article 59 of Regulations 2016/1103 and 1104.

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Pietro Franzina

This chapter provides an introduction to the general and final provisions of Regulations 2016/1103 and 1104, gathered in Chapter VI.

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Pietro Franzina

This chapter provides a commentary of Article 6 of Regulations 2016/1103 and 1104.