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Part II Jurisdiction, 11 Protective Jurisdiction

From: Civil Jurisdiction and Judgements in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention (2nd Edition)

Trevor Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

11.01 We now come to a series of provisions based on the principle of protective jurisdiction.1 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. 11.02 Brussels 2012, Recital 18, expresses this policy as follows:2 In relation to insurance, consumer and employment contracts,...
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