Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection”
This article offers a critique of the teleological interpretation of the provision of Art. 7(1)(b) of the Brussels I Regulation Recast, adopted by the Court of Justice of the European Union, in relation to the cases where there are several places of performance. First, the nature of the jurisdiction...
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Istanbul University Press
2022-12-01
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| Series: | Annales de la Faculté de Droit d’Istanbul |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/871D734B6620458189E2B41BADA7F1F5 |
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| author | Banu Şit Köşgeroğlu |
| author_facet | Banu Şit Köşgeroğlu |
| author_sort | Banu Şit Köşgeroğlu |
| collection | DOAJ |
| description | This article offers a critique of the teleological interpretation of the provision of Art. 7(1)(b) of the Brussels I Regulation Recast, adopted by the Court of Justice of the European Union, in relation to the cases where there are several places of performance. First, the nature of the jurisdiction rules in civil law is discussed and the main purpose of the special jurisdiction rules is identified. In this context, it is emphasized that legal certainty and predictability are the main objectives of the jurisdiction rules, while proximity is an instrument to achieve these main objectives. Secondly, the “principal place of performance” approach of the Court of Justice of the European Union regarding the provision of Art. 7(1)(b), in cases where there are several places of performance, is discussed. It is demonstrated that the Court of Justice of the European Union’s quest for the “closest link” is not in accordance with the spirit of the Recast. Aside from the difficulty of determining the principal place of performance; the search for the closest link being the basis of the determination of the principal place of performance is criticized. Additionally, this approach is remarkable as to how it is close to the application of “forum (non) conveniens” in common law. As a result, it is proposed to abandon the “principal place of performance” approach in cases where the place of performance is located in several Member States; and it is argued that it is necessary to recognize that the courts of several places of performance are competent. |
| format | Article |
| id | doaj-art-95828d4ea58a43dda1cf22c393926ff0 |
| institution | Kabale University |
| issn | 0578-9745 2687-4113 |
| language | deu |
| publishDate | 2022-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Annales de la Faculté de Droit d’Istanbul |
| spelling | doaj-art-95828d4ea58a43dda1cf22c393926ff02025-08-20T03:52:04ZdeuIstanbul University PressAnnales de la Faculté de Droit d’Istanbul0578-97452687-41132022-12-017134939010.26650/annales.2022.71.0005123456Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection”Banu Şit Köşgeroğlu0https://orcid.org/0000-0001-8407-9446Hacettepe Üniversitesi, Ankara, TurkiyeThis article offers a critique of the teleological interpretation of the provision of Art. 7(1)(b) of the Brussels I Regulation Recast, adopted by the Court of Justice of the European Union, in relation to the cases where there are several places of performance. First, the nature of the jurisdiction rules in civil law is discussed and the main purpose of the special jurisdiction rules is identified. In this context, it is emphasized that legal certainty and predictability are the main objectives of the jurisdiction rules, while proximity is an instrument to achieve these main objectives. Secondly, the “principal place of performance” approach of the Court of Justice of the European Union regarding the provision of Art. 7(1)(b), in cases where there are several places of performance, is discussed. It is demonstrated that the Court of Justice of the European Union’s quest for the “closest link” is not in accordance with the spirit of the Recast. Aside from the difficulty of determining the principal place of performance; the search for the closest link being the basis of the determination of the principal place of performance is criticized. Additionally, this approach is remarkable as to how it is close to the application of “forum (non) conveniens” in common law. As a result, it is proposed to abandon the “principal place of performance” approach in cases where the place of performance is located in several Member States; and it is argued that it is necessary to recognize that the courts of several places of performance are competent.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/871D734B6620458189E2B41BADA7F1F5private international lawinternational procedural lawinternational jurisdictionplace of performancebrussels i regulation recastarticle 7(1). |
| spellingShingle | Banu Şit Köşgeroğlu Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection” Annales de la Faculté de Droit d’Istanbul private international law international procedural law international jurisdiction place of performance brussels i regulation recast article 7(1). |
| title | Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection” |
| title_full | Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection” |
| title_fullStr | Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection” |
| title_full_unstemmed | Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection” |
| title_short | Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection” |
| title_sort | performance of characteristic obligation in multiple places under brussels i recast article 7 1 b legal certainty and predictability over a close connection |
| topic | private international law international procedural law international jurisdiction place of performance brussels i regulation recast article 7(1). |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/871D734B6620458189E2B41BADA7F1F5 |
| work_keys_str_mv | AT banusitkosgeroglu performanceofcharacteristicobligationinmultipleplacesunderbrusselsirecastarticle71blegalcertaintyandpredictabilityoveracloseconnection |