Kathrin Kroll-Ludwigs
Die Rolle der Parteiautonomie im europäischen Kollisionsrecht
[The Role of Party Autonomy in the European Rules on Conflict of Laws.]
2013. XXXI, 668 pages. Published in German.
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Summary
Why did the European legislator decide on a broad freedom of choice of law in the law of contractual and non-contractual obligations on the one hand and on a limited choice in family law and the law of succession on the other hand? Kathrin Kroll-Ludwigs' analysis of the reasons for this divergency leads to the very basis of party autonomy as a fundamental right of individual freedom. She suggests a change of paradigm.