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Civil Jurisdiction and Judgments in Europe - The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention by Hartley, Trevor C (20th July 2017)

Part II Jurisdiction, 11 Protective Jurisdiction

From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention

Trevor C Hartley

Subject(s):
Jurisdiction in insurance contracts — Jurisdiction over consumer contracts — Jurisdiction over contracts of employment

This chapter deals with a series of provisions based on the principle of protective jurisdiction. This is derived from the idea that parties who are in a weak bargaining position should be given jurisdictional protection in order to prevent unscrupulous opponents from taking advantage of their weakness. The three instances in which this applies in Brussels and Lugano are insurance contracts, consumer contracts, and employment contracts. Brussels 2012, Recital 18 expresses this policy as follows: In relation to insurance, consumer, and employment contracts, the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules. This means that the jurisdictional rules are more generous where the weaker party is suing the stronger party than the other way round. The chapter first discusses certain questions relating to all three areas in general. It then considers each of the three areas individually.

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