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Considerations Regarding The General Rule Provided By The Article 4 Of The Rome Ii Regulation

Author

Listed:
  • PRICOPI, Adrian

    (Spiru Haret University, Faculty of Law and Public Administration Bucharest)

  • BUTCULESCU, Claudiu

    (Spiru Haret University, Faculty of Law and Public Administration Bucharest)

Abstract

This article addresses certain issues related to the enforcement of the Rome II Regulation. The mentioned Regulation was adopted in order to unify, within the European Union, the rules regarding choice of law concerning non-contractual obligations. The application of the Regulation has caused some controversies in jurisprudence, regarding the implications on the national laws and international treaties or conventions. Almost two years after its prescribed date of application, a rigorous analysis of the Regulation’s impact over the case law, both on national and European level is necessary. The purpose of this study is to briefly describe, the research of the two authors regarding the practical effects of the aforementioned Regulation, as well as some judicial problems arisen from its application, mainly relating to the general rule of law, expressed in the fourth Article of the Regulation.

Suggested Citation

  • PRICOPI, Adrian & BUTCULESCU, Claudiu, 2010. "Considerations Regarding The General Rule Provided By The Article 4 Of The Rome Ii Regulation," Annals of Spiru Haret University, Economic Series, Universitatea Spiru Haret, vol. 1(4), pages 133-139.
    • Handle: RePEc:ris:sphecs:0094
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    More about this item

    Keywords

    choice of law; non-contractual obligations; habitual residence; Lex loci damni; Lex loci delicti comissi; temporal scope;
    All these keywords.

    JEL classification:

    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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