European Private International Law of Obligations

2008

The establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome Convention in 1967. As was the case with its thorny counterpart, the Regulation on the Law Applicable to Contractual Obligations (Rome I), negotiations have been difficult. It is also for the first time, that the efforts to develop European conflict-of-law rules and the negotiations have attracted such serious cross-Atlantic attention, especially from scholars in the United States (US). Not only have Americans and other non-Europeans bothered to publish on the (draft) Rome II Regulation, they have also interacted in the Brussels negotiations, at the invitation of the European Parliament's rapporteur for Rome II. This contribution provides an outline of the background (section 2), scope (section 3), and sy...

2008

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1314749 The establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome Convention in 1967. As was the case with its thorny counterpart, the Regulation on the Law Applicable to Contractual Obligations (Rome I), negotiations have been difficult. It is also for the first time, that the efforts to develop European conflict-of-law rules and the negotiations have attracted such serious cross-Atlantic attention, especially from scholars in the United States (US). Not only have Americans and other non-Europeans bothered to publish on the (draft) Rome II Regulation, they have also interacted in the Brussels negotiations, at the invitation of the European Parliament's rapporteur for Rome II. This contribution provides an outline of the background (section 2), scope (section 3), and system of the Regulation (section 4) and an analysis of the two general conflict rules laid down in Article 4 (section 5) and 14 (section 6). The question is whether in methodology and content this Regulation stands in the European tradition, or whether it takes a new direction. Another question is whether it offers a predictable but at the same time a sufficiently flexible system of conflict rules. The Rome II Regulation proves that it is difficult to reach a satisfactory compromise between legal certainty and flexibility in order to do justice in an individual case, while fulfilling the law and economics criteria of simple and predictable rules. The Regulation provides many special rules as well as general and special exceptions that are occasionally ambiguous and make the outcome sometimes unpredictable. Nevertheless, it is concluded that the Rome II Regulation in spite of its flaws, is an acceptable instrument that furthers the harmonization of conflict of laws in Europe.

Northwestern journal of international law and business, 2012

Precontractual liability is liability that arises out of a harmful conduct that occurs during the formation period of a contract. Where the harmful conduct occurs during international negotiations, a conflict of laws issue arises. The determination of the applicable law to precontractual liability can be a complex and tedious task, which is why the European Legislature has provided a special conflict-of-law rule in Article 12 of the Rome II Regulation on the applicable law to non-contractual obligations. Through this provision, the European Legislature aims to achieve uniformity between EU Member States, while providing an appropriate conflicts rule. The present essay assesses the European Legislature’s attempt at codification and offers a commentary of Article 12 of the Rome II Regulation. It comes at a time when the Commission is scheduled to submit a report on the application of the Rome II Regulation to the European Parliament, the Council, and the European Economic and Social C...

1991

2012

This Handbook is elaborated within the project “Improving the knowledge on new EU regulations of the members of the national Judicial networks in civil and commercial matters in the MS of the EU”, Civil Justice Programme 2010. The Handbook is divided into two parts: Part I The Law Applicable to Contractual and Non-Contractual Obligations and Obtaining the Information on Foreign Law 1. Introduction 2. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Regulation Rome I) 3. Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to noncontractual obligations (Regulation Rome II) 4. Obtaining the content of foreign law Part II Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 5. The Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments...

EU private international law ("PIL") was significantly different before the recent private international law boom. Before 1998, there had been only fragmented and miscellaneous conflict-of-laws provisions in the acquis communautaire, focusing on specific areas. Most provisions were to be found in directives dealing with substantive law, i.e. the conflict-of-laws rules were merely extensions to the regulations in certain areas. Adopting such rules was common in the fields of consumer protection (i.e. consumer contract law) and insurance law. The article tries to summarize these rules and analyse their connection with the latest law, i.e. with the provisions of the Rome regulation on the law applicable to contracts.

Rabels Zeitschrift für ausländisches und internationales Privatrecht, 2003

The purpose of this paper is to provide readers and third persons with general knowledge on the notion of non-contractual liability, in what aspects non-contractual liability it is distinguished from contractual and criminal liability, in what aspects non-contractual liability it is similar compared to contractual liability, which law is applicable to regulate non-contractual obligations, what rules apply to set out the competent court to issue decisions on cases where the subject-matter is non-contractual obligation etc. Special and exclusive focus has been given to clarify the principle of autonomy of the will of the parties and the principle "Lex loci delicti comissi", all based on Regulation no. 864/2007 of the European Union of 11th July 2007, on the law applicable to non-contractual obligations, otherwise known as "EU Rome II".