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The Modern Approaches In Determine The Law Applicable On Non-Contractual Obligations Study In Regulation Rome II | ||
| Journal Of the College of law /Al-Nahrain University | ||
| Article 1, Volume 19, Issue 2, 2018, Pages 143-154 | ||
| Abstract | ||
| The problem of determining the law applicable to non-contractual obligations is one of the most complex problems in private international law. There is more than one law that governs the multiple elements of this act. For the tortuous liability, there is a place where the harmful act occurred, where the damage took place. As well as for unjust enrichment action, the elements of the enrichment may take place in more country. So the problems arise does the law apply the injury residence, or the law of the place where the damage took place, the problem is more complicated after World War II because of the development of transport and communication. The European legislator has to deals with the problem of determining the law applicable on non- contractual obligations by legislated regulation Rome II of 2007. The European legislator has adopted the latest jurisprudence and judgment regarding Research topic. Therefore, this research will discuss the latest ideas and the modern approach adopted by the European legislator in this regulation and the new means of determining the applicable law in the scope of non-contractual obligations. We shall divide it into three sections: The first section deals with the cases under the law of an act non- contractual obligation, the second deals with the Exceptions of the law of an act non-contractual obligation, and the third section deals with means of determining the law applicable in the Rome II. | ||
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