From Mirages to Aspirations. The Periphery of “Matters Relating to a Contract” in the Brussels Ia Regulation

2021 Yearbook of Private International Law 22, 511-545

35 Pages Posted: 10 Nov 2021

Date Written: November 9, 2021

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.

Keywords: Brussels Ia Regulation, Jurisdiction in Matters Relating to a Contract, Characterisation

Suggested Citation

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, Available at SSRN: https://ssrn.com/abstract=3959660

Michiel Poesen (Contact Author)

KU Leuven - Faculty of Law ( email )

Belgium

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