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/lp/oxford-university-press/rome-ii-tort-conflicts-on-the-right-track-a-postscript-to-symeon-b3asw2g4QA
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- Publisher
- Oxford University Press
- Copyright
- © 2008 by The American Society of Comparative Law, Inc
- ISSN
- 0002-919X
- eISSN
- 2326-9197
- DOI
- 10.5131/ajcl.2007.0013
- Publisher site
- See Article on Publisher Site
Abstract
AbstractRegulation 864/2007, covering tort conflicts, concludes a long process that had started in the late 1960s to cover the entire field of obligations in the European Community. The author expresses his satisfaction that the final text, with its emphasis on the lex loci damni, with some habitual residence exceptions, escaped the shoals of the socalled “American conflicts revolution” with its parochial and pro-forum implications and its uncertainties. Further, he comments favorably on the particularized treatment of certain areas such as producer liability and environmental protection and on the inclusion of the inbetween topics of unjust enrichment, negotiorum gestio and culpa in contrahendo. However, a closer and more detailed study of the key field of producer liability leads him to considerable reservations on the contacts selected and their prioritization.
Journal
American Journal of Comparative Law – Oxford University Press
Published: Apr 1, 2008