engleski

‘Procedural Position of a ‘Weaker Party’ in the Regulation Brussels Ibis’

The present article analyses how procedural justice for weaker parties has been maintained in the legal instruments of the EU legislator, in particular in the recently revised Brussels Jurisdiction Regulation (Brussels Ibis Regulation). A reference to a ‘weaker party’ in the EU private international law rules in civil and commercial matters usually relates to consumers, employees and insurance policy holders or other beneficiaries under insurance contracts. Other legal instruments harmonising or unifying substantive rules of private law may protect other parties considered to have a weaker bargaining position in certain legal relationships, such as agency and distributorship agreements. Such rules of substantive law are not discussed in the present contribution. Also jurisdictional and private international law rules relating to matters of legal status and family law are not anaysed in a greater detail, but may occasionally be referred to.

Brussles Ibis Regulation procedural justice ; 'weaker parties' ; cross-border litigation ; EU regulatory scheme

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