ABSTRACT
For long, private law has been struggling to distinguish contract from tort, delict, or other categories of non-contractual obligations. Unsurprisingly, the EU law of conflicts of jurisdiction also grapples with delineating contractual and non-contractual relationships. This article tells the complex but fascinating tale of demarcating the periphery of ‘contract’ in Regulation No 1215/2012 (‘Brussels Ia Regulation’ or ‘the Regulation’). The topic is important because it touches upon the balance between the interests of the litigants and the efficacy of transnational court proceedings.
Poesen, Michiel, From Mirages to Aspirations. The Periphery of ‘Matters Relating to a Contract’ in the Brussels Ia Regulation (November 9, 2021), 2021 Yearbook of Private International Law 22, 511-545.
First posted 2021-11-13 11:00:12
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