A. The public policy exception under the Rome I Regulation: general remarks: I. The place of ordre public in private international law; II. Public policy in the Rome I Regulation - B. Identifying the values and principles that may be protected through the public policy exception: I. The need of a narrow construction, based on strict standards; II. The relative character of public policy in space and time; III. The national, international and regional dimension of public policy - C. The conditions under which the public policy exception may be raised and its operation: I. An actual and manifest incompatibility with one or more public policy principles; II. The variable strength of public policy depending on the proximity of the relationship (Inlandsbeziehung and ordre public de proximité); III. Procedural issues - D. The effects triggered by the public policy exception: I. The “negative” effect (effet d’éviction); II. The absence of uniform rules as to the different legal order from which the applicable rules should be drawn after the exception has been raised.
Article 21 - Public Policy of the Forum
FRANZINA, Pietro
2017
Abstract
A. The public policy exception under the Rome I Regulation: general remarks: I. The place of ordre public in private international law; II. Public policy in the Rome I Regulation - B. Identifying the values and principles that may be protected through the public policy exception: I. The need of a narrow construction, based on strict standards; II. The relative character of public policy in space and time; III. The national, international and regional dimension of public policy - C. The conditions under which the public policy exception may be raised and its operation: I. An actual and manifest incompatibility with one or more public policy principles; II. The variable strength of public policy depending on the proximity of the relationship (Inlandsbeziehung and ordre public de proximité); III. Procedural issues - D. The effects triggered by the public policy exception: I. The “negative” effect (effet d’éviction); II. The absence of uniform rules as to the different legal order from which the applicable rules should be drawn after the exception has been raised.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
