Reference : The Significance of the Doctrine of Accessory Allocation As a Connecting Factor Under...
Scientific journals : Article
Law, criminology & political science : Multidisciplinary, general & others
http://hdl.handle.net/10993/20864
The Significance of the Doctrine of Accessory Allocation As a Connecting Factor Under Article 4 of the Rome I Regulation
English
Okoli, Chukwuma mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Dec-2013
Journal of Private International Law
Hart Publishing Ltd.
9
3
49
Yes (verified by ORBilu)
International
1744-1048
[en] Private International law, Choice of law ; Escape Clause, Accessory Allocation ; Rome Convention, Rome I Regulation
[en] The doctrine of accessory allocation is given special significance as a connecting factor by the framers of Rome I Regulation (through Recitals 20 and 21) in utilising the escape clause and principle of closest connection under Article 4. This article analyses the application of the doctrine under the Rome Convention; the possible reasons why the framers of Rome I gave the doctrine special significance; the nature of inquiry a Member State court would be faced with in applying the doctrine especially in very closely related contracts such as back-to-back contracts; and the dilemma faced by the court in determining the quantum of weight to attach to the application of the doctrine as it relates to displacing the main rule(s). The author concludes by stating that there is need for more clarity on the significance of the doctrine of accessory allocation as a connecting factor under Article 4 of Rome I.
University of Aberdeen, Scotland, United Kingdom
Self-funded
Researchers ; Professionals ; Students ; General public ; Others
http://hdl.handle.net/10993/20864

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