International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws Terminology
The place of performance rule is characterized by its belonging to the European (civil law) legal system. The rule has preserved its existence as a classic rule from Roman law to the present day regarding which local courts will hear the disputes arising from the contracts. Problems related to the i...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2022-12-01
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| Series: | Public and Private International Law Bulletin |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/848DBBCEE89F41D29A4FF7DD67E0D8EF |
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| author | Banu Şit Köşgeroğlu |
| author_facet | Banu Şit Köşgeroğlu |
| author_sort | Banu Şit Köşgeroğlu |
| collection | DOAJ |
| description | The place of performance rule is characterized by its belonging to the European (civil law) legal system. The rule has preserved its existence as a classic rule from Roman law to the present day regarding which local courts will hear the disputes arising from the contracts. Problems related to the interpretation of the place of performance rule, which is also taken as a basis of international jurisdiction, especially in the practice of European Union (EU) law, have emerged since the 1970s; the EU Court of Justice has held that the rule should point to the most closely connected court under the effect of a common law perspective. The closest connection test, which cannot only be seen as a common law effect, also bears traces of the conflict of laws terminology. In this article, it is found that the place of performance rule does not have the function of indicating the most closely connected court, at least in the context of civil law; on the contrary, the rule should be interpreted from the perspective of legal certainty and predictability. |
| format | Article |
| id | doaj-art-d8059593e7c34ad49ec335be453630bb |
| institution | DOAJ |
| issn | 2667-4114 |
| language | English |
| publishDate | 2022-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Public and Private International Law Bulletin |
| spelling | doaj-art-d8059593e7c34ad49ec335be453630bb2025-08-20T02:57:00ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142022-12-0142284587110.26650/ppil.2022.42.2.1198960123456International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws TerminologyBanu Şit Köşgeroğlu0https://orcid.org/0000-0001-8407-9446Hacettepe University, Ankara, TurkiyeThe place of performance rule is characterized by its belonging to the European (civil law) legal system. The rule has preserved its existence as a classic rule from Roman law to the present day regarding which local courts will hear the disputes arising from the contracts. Problems related to the interpretation of the place of performance rule, which is also taken as a basis of international jurisdiction, especially in the practice of European Union (EU) law, have emerged since the 1970s; the EU Court of Justice has held that the rule should point to the most closely connected court under the effect of a common law perspective. The closest connection test, which cannot only be seen as a common law effect, also bears traces of the conflict of laws terminology. In this article, it is found that the place of performance rule does not have the function of indicating the most closely connected court, at least in the context of civil law; on the contrary, the rule should be interpreted from the perspective of legal certainty and predictability.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/848DBBCEE89F41D29A4FF7DD67E0D8EFinternational judicial jurisdictionjurisdiction rule of the place of performancethe closest connectionthe most appropriate courtlegal certainty and predictability |
| spellingShingle | Banu Şit Köşgeroğlu International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws Terminology Public and Private International Law Bulletin international judicial jurisdiction jurisdiction rule of the place of performance the closest connection the most appropriate court legal certainty and predictability |
| title | International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws Terminology |
| title_full | International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws Terminology |
| title_fullStr | International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws Terminology |
| title_full_unstemmed | International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws Terminology |
| title_short | International Jurisdiction at the Place of Performance of a Contract in Civil (EU) Law: A Jurisdiction Rule Stuck Between the Common Law Perspective and Conflict of Laws Terminology |
| title_sort | international jurisdiction at the place of performance of a contract in civil eu law a jurisdiction rule stuck between the common law perspective and conflict of laws terminology |
| topic | international judicial jurisdiction jurisdiction rule of the place of performance the closest connection the most appropriate court legal certainty and predictability |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/848DBBCEE89F41D29A4FF7DD67E0D8EF |
| work_keys_str_mv | AT banusitkosgeroglu internationaljurisdictionattheplaceofperformanceofacontractincivileulawajurisdictionrulestuckbetweenthecommonlawperspectiveandconflictoflawsterminology |