ROME II REGULATION OF THE EUROPEAN UNION: APPLICABLE LAW FOR NON-CONTRACTUAL OBLIGATIONS Cover Image

РИМ II УРЕДБА (РЕГУЛАТИВА) ЕВРОПСКЕ УНИЈЕ: МЕРОДАВНО ПРАВО ЗА ВАНУГОВОРНЕ ОБАВЕЗЕ
ROME II REGULATION OF THE EUROPEAN UNION: APPLICABLE LAW FOR NON-CONTRACTUAL OBLIGATIONS

Author(s): Uglješa Grušić
Subject(s): Civil Law, International Law, EU-Legislation
Published by: Правни факултет Универзитета у Београду
Keywords: Law Applicable to Non-Contractual Obligations; Rome II Regulation; EU Law;

Summary/Abstract: As of 11 January 2009, courts of the Member States of the European Union are required to apply the provisions of the Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). This Regulation contains unified rules for determining the applicable law for non-contractual obligations arising out of delict, unjust enrichment, negotiorum gestio and culpa in contrahendo. Together with the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the Rome I Regulation on the law applicable to contractual obligations, it codifies to a large extent conflict of laws rules for obligations in European Union. This article examines the provisions of the Rome II Regulation, indicates some issues that may prove to be problematic in its application, and concludes by recommending its provisions as a model for future drafting of the relevant rules in Serbian Private International Law.

  • Issue Year: 57/2009
  • Issue No: 1
  • Page Range: 166-190
  • Page Count: 25
  • Language: Serbian