Jurisdiction and Applicable Law to Contracts for the Sale of Goods and the Provision of Services including the Carriage of Goods by Sea and other Means of Transport in the European Union

Bidragets oversatte titel: Jurisdicción y derecho aplicable a los contratos de compraventa de mercaderías y de prestación de servicios incluyendo el transporte de mercancías por vía marítima y otros medios de transporte en la Unión Europea

Jonatan Echebarria Fernández*

*Kontaktforfatter af dette arbejde

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

Resumé

The article analyses the jurisdiction and applicable law to contracts for the sale of godos and the provision of services in the European Union. It particularly focuses on contracts that subsume different categories of contracts, such as the carriage of goods by sea, in a contract for the sale of godos and the provision of services. The European Union law and the interpretation provided by the Court of Justice of the European Union shed light into the place of performance of the contract in order to set jurisdiction for national courts. This is explained through the current legal framework and the case law in order to ascertain where and under what legal regime the claimant may start proceedings for the breach of a contractual obligation or in case of a non-contractual claim.
OriginalsprogEngelsk
TidsskriftCuadernos de Derecho Transnacional
Vol/bind11
Udgave nummer2
Sider (fra-til)58-84
Antal sider27
ISSN1989-4570
DOI
StatusUdgivet - 2019

Emneord

  • Provision of services
  • Sale of goods
  • Carriage of goods by sea and other means of transport
  • Court of Justice of the European Union
  • Contractual actions
  • Place of performance of the contractual obligation
  • Non-contractual actions
  • Applicable law
  • Game theory
  • Contractual efficiency

Citer dette

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title = "Jurisdiction and Applicable Law to Contracts for the Sale of Goods and the Provision of Services including the Carriage of Goods by Sea and other Means of Transport in the European Union",
abstract = "The article analyses the jurisdiction and applicable law to contracts for the sale of godos and the provision of services in the European Union. It particularly focuses on contracts that subsume different categories of contracts, such as the carriage of goods by sea, in a contract for the sale of godos and the provision of services. The European Union law and the interpretation provided by the Court of Justice of the European Union shed light into the place of performance of the contract in order to set jurisdiction for national courts. This is explained through the current legal framework and the case law in order to ascertain where and under what legal regime the claimant may start proceedings for the breach of a contractual obligation or in case of a non-contractual claim.",
keywords = "Provision of services, Sale of goods, Carriage of goods by sea and other means of transport, Court of Justice of the European Union, Contractual actions, Place of performance of the contractual obligation, Non-contractual actions, Applicable law, Game theory, Contractual efficiency, Provision of services, Sale of goods, Carriage of goods by sea and other means of transport, Court of Justice of the European Union, Contractual actions, Place of performance of the contractual obligation, Non-contractual actions, Applicable law, Game theory, Contractual efficiency",
author = "Fern{\'a}ndez, {Jonatan Echebarria}",
year = "2019",
doi = "10.20318/cdt.2019.4950",
language = "English",
volume = "11",
pages = "58--84",
journal = "Cuadernos de Derecho Transnacional",
issn = "1989-4570",
publisher = "Universidad Carlos III de Madrid",
number = "2",

}

Jurisdiction and Applicable Law to Contracts for the Sale of Goods and the Provision of Services including the Carriage of Goods by Sea and other Means of Transport in the European Union. / Fernández, Jonatan Echebarria .

I: Cuadernos de Derecho Transnacional, Bind 11, Nr. 2, 2019, s. 58-84.

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

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KW - Contractual actions

KW - Place of performance of the contractual obligation

KW - Non-contractual actions

KW - Applicable law

KW - Game theory

KW - Contractual efficiency

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