I. The notion of States comprising more than one legal system: 1. Composite, as opposed to unitary, legal systems; 2. The relevance of complex legal systems to the operation of the Rome II Regulation - II. The operation of the conflict-of-law provisions of the Regulation in the event of the designation of a complex legal system: 1. The problem with the designation of complex legal systems and the solution envisaged by the Regulation; 2. The rationale underlying the adopted solution; 3. Art. 25(1) as a guide to understanding references made to a State with more than one legal system for purposes other than the designation of the applicable law; 4. Issues, arising in respect of situations within the scope of application of the Regulation, to which Art. 25(1) does not apply - III. The non-application of the Regulation to purely local, as opposed to international, conflicts: 1. The solution adopted by the Regulation and its raison d’être; 2. The possibility for Member States to regulate local conflicts in conformity with the Rome II Regulation
Article 25 – States with More than One Legal System
Pietro Franzina
2019
Abstract
I. The notion of States comprising more than one legal system: 1. Composite, as opposed to unitary, legal systems; 2. The relevance of complex legal systems to the operation of the Rome II Regulation - II. The operation of the conflict-of-law provisions of the Regulation in the event of the designation of a complex legal system: 1. The problem with the designation of complex legal systems and the solution envisaged by the Regulation; 2. The rationale underlying the adopted solution; 3. Art. 25(1) as a guide to understanding references made to a State with more than one legal system for purposes other than the designation of the applicable law; 4. Issues, arising in respect of situations within the scope of application of the Regulation, to which Art. 25(1) does not apply - III. The non-application of the Regulation to purely local, as opposed to international, conflicts: 1. The solution adopted by the Regulation and its raison d’être; 2. The possibility for Member States to regulate local conflicts in conformity with the Rome II RegulationI documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
