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The Relationship between the Rome II Regulation and the 1973 Hague Convention
Oslo Law Review, 2019 An analysis of the 1973 Hague Convention on the law applicable to product liability and the Rome II Regulation leads to the conclusion that the former takes precedence.
Michael Hellner
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RUDN Journal of Law, 2023 The basic tenet of contract law is freedom of contract, including the freedom to negotiate and the autonomy of the will of the parties. However, practice and doctrine show that many international commercial contracts are formed in conditions of actual ...
Olga V. Fonotova, Lidiya E. Belyaeva
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Overriding mandatory rules and public policy [PDF]
Strani pravni život, 2022 Overriding mandatory rules represent norms that are directly applied to the legal relationship with the foreign element. These are self-limiting norms, which exclude the application of collision rules, and they, in advance, define the field of their own ...
Čolović Vladimir Ž.
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Gdańskie Studia Prawnicze, 2023 This commentary concerns the judgement of 31.01.2019 in the case of Agostinho da Silva Martins (C-149/18), in which the CJEU ruled on the relation of the provisions contained in the Motor Insurance Directive 2009/103/EC of 16.09.2009 to EU conflict-of ...
Mariusz Fras
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The law applicable to environmental damage in European private international law [PDF]
Zbornik Radova: Pravni Fakultet u Novom Sadu, 2013 The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union.
Đundić Petar
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The Urgency of War Crimes Regulation in Indonesian Criminal Law
Fiat Justisia, 2023 Indonesia's Law Number 26 of 2000 concerning the Human Rights Court aligns with the principles of the Rome Statute but does not address war crimes, which are specifically regulated by the Rome Statute. Given that war crimes do not have an expiration date,
Desia Rakhma Banjarani +3 more
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Scope of application of the generał rule in the Rome II Regulation
Acta Iuris Stetinensis, 2020 The purpose of the paper is to determine the scope of application of Article 4(1), which con- stitutes the general rule of the Rome II Regulation concerning the law applicable to non- contractual obligations.
Magdalena Wasylkowska-Michór
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Croatian Yearbook of European Law and Policy, 2022 This article answers the following questions: (i) In the courts of which state may the injured trader whose right to a trade name has been infringed sue the infringers?
Helena Pullmannová
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Oslo Law Review, 2019 The article explores Article 14 on choice of law by the parties in Rome II and the possibilities for party autonomy. There is a limit to party autonomy where both parties are not ‘pursuing commercial activities’, which is meant to protect weaker parties.
Michael Hellner
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Oslo Law Review, 2019 Recovery of public authorities’ costs for pure environmental harm, ie harm that does not entail an economic loss on part of the authorities, is unlikely to be considered a ‘civil matter’ under Rome II – or the Judgments Regulation/Lugano Convention.
Henrik Bull
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