Article (Scientific journals)
The Significance of the Doctrine of Accessory Allocation As a Connecting Factor Under Article 4 of the Rome I Regulation
Okoli, Chukwuma
2013In Journal of Private International Law, 9 (3), p. 49
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Keywords :
Private International law, Choice of law; Escape Clause, Accessory Allocation; Rome Convention, Rome I Regulation
Abstract :
[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.
Research center :
University of Aberdeen, Scotland, United Kingdom
Disciplines :
Law, criminology & political science: Multidisciplinary, general & others
Author, co-author :
Okoli, Chukwuma ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
no
Language :
English
Title :
The Significance of the Doctrine of Accessory Allocation As a Connecting Factor Under Article 4 of the Rome I Regulation
Publication date :
December 2013
Journal title :
Journal of Private International Law
ISSN :
1744-1048
Publisher :
Hart Publishing Ltd.
Volume :
9
Issue :
3
Pages :
49
Peer reviewed :
Peer Reviewed verified by ORBi
Funders :
Self-funded
Available on ORBilu :
since 21 April 2015

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