ПРАВО МЕРОДАВНО ЗА ГРАЂАНСКОПРАВНЕ ДЕЛИКТЕ У МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ
THE APPLICABLE LAW IN TORTS IN PRIVATE INTERNATIONAL LAW

Summary/Abstract: Using the method of contrastive analysis in presenting legal solutions, the national judicial practice and legal doctrines, the author has intended to prove that the old and deeply rooted collision rule may be corrected by employing a different approach in solving the conflict of law concerning extra-contractual responsibility for tort. It has not been only the result of the creative role of judicial practice but also the result of the aberration from lex loci, legally regulated by some states. Furthermore, the point of gravity in the conflict of law is transposed from the place of the tort (the place of action or the place of consequence) onto the individual status of the wrongdoer and the injured party, i.e. to the act which is more closely related to lex fori (even within a state other than the one in which the tort has been committed). The jurisdiction of the court to which the compensation claim has been submitted in some cases rests upon the idea of providing the relevant tort indemnity to the claimant (on the basis of the favor victimae principle), or has been the result of the claimant's choice. The freedom of choice of law has two restrictions: the first one is that lex fori is the only choice; the second one is that it can be effected no sooner than the damage has been determined. The restraints of the freedom of contract are also apparent in case of determining the proper law for the torts committed by using defective products, for the torts that have been the result of unfair market competition, or the torts related to personal harm done to the injured party as a result of the abuse of the power of media. The jurisdiction of lex fori in the national legislatures of some states is inherent in view of assessing the illicitness of conduct or scope of responsibility of domicile citizens as participants in the tort committed abroad whereas the claim has been submitted to a national court. The application of this form of lex fori has been treated as a mode of demonstrating the offensive function of the institution of public order in the International Private Law. In spite of the predominant role of lex fori, which is a consequence of numerous reasons presented in this paper, one of the significant binding points is the finding place of a dangerous substance. There are grounds for applying legal regulations in this area in case of accidents caused by radioactive and other uncontrolled emissions, poisonous substances or other environment pollutants.

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