Conflict-of-Law Regulation of Obligations, Arising from Faulty Negotiations of Treaties (culpa in contrahendo) in Russia and the European Union

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Comparative Analysis ◽  
Point Of View ◽  
The European Union ◽  
Applicable Law ◽  
Culpa In Contrahendo ◽  
Contractual Relations ◽  
The Law ◽  
Contractual Obligations ◽  
Law Regulation ◽  
Conflict Of Law

The article covers the questions of comparative analysis of conflict-of-law regulation of obligations, arising from faulty negotiations of treaties in the Russian legislation and the European law. Such regulation is envisaged in article 12221 of the Civil Code of the Russian Federation and in article 12 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). The author considers conflict-of-law regulation of pre-contractual relations from the point of view of the following aspects: possibility of applying the agreement about the law chosen by the parties to regulate their pre-contractual relations; applying the contractual connecting factor to determine the law applicable to precontractual relations; exploration of other connecting factors applicable to the precontractual relations in case of impossibility to determine the applicable law on the basis of the contractual connecting factor. The author’s conclusion contains the results of the comparative analysis, such as deduction of common and specific features of the Russian and European conflict-of-law regulation of the above-mentioned group of obligations. Also the author offers some recommendations on the improvement of the Russian legislation.

scholarly journals OBLIGATIONS, ARISING OUT OF DEALINGS PRIOR TO THE CONCLUSION OF A CONTRACT WITH FOREIGN PARTNERS: EUROPEAN EXPERIENCE OF CONFLICTS-OF-LAW REGULATION

2016 ◽  
pp. 0-0
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
International Law ◽  
European Parliament ◽  
Private International Law ◽  
European Law ◽  
Applicable Law ◽  
European Experience ◽  
The Law ◽  
Contractual Obligations ◽  
Law Regulation ◽  
Conflict Of Law

The article covers the analysis of conflict-of-law regulation of obligations, arising out of dealings prior to contract conclusion in European law. Such regulation is described in article 12 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). The author considers conflict-of-law regulation of precontractual relations from the perspective of the following aspects: possibility of applying the agreement about the law applicable to precontractual relations; applying the contractual connecting factor for determining the law applicable to precontractual relations; exploration of other connecting factors applicable to the precontractual relations in case of impossibility to determine the applicable law on the basis of the contractual connecting factor. The author draws the conclusion that the opportunity given to the negotiating parties to choose the applicable law is in line with the tendency of private international law development towards the extension of the parties’ autonomy. In the absence of such choice, Rome II Regulation contains a special conflict-oflaw regulation, which accommodates parties’ interests.

scholarly journals The Limits of Choice of Applicable Law under the European Union Regulation No. 864/2007 of 11 July 2007 “On the Law Applicabl to Non-Contractual Obligations”

2017 ◽  
pp. 76-84
Author(s):  
Кирилл Нам ◽  
Kirill Nam
Keyword(s):  
European Union ◽  
Private International Law ◽  
The European Union ◽  
Legal Norms ◽  
Applicable Law ◽  
Eu Regulation ◽  
Eu Countries ◽  
The Law ◽  
Contractual Obligations ◽  
The Eu

The tendency toward unification of EU countries’ national legal orders is a natural and necessary part of integration processes within the European Union. However, due to the diversity and differences of legal systems and cultures in the European states, the question of establishing a complete uniformity of material legal norms, first of all, in the field of private law, seems to be the one of a remote future. In this regard, a milestone development has been the unification of EU countries’ legal norms of private international law concerning non-contractual obligations, i. e. the adoption and entry into force of the EU Regulation (Rome II). One of the main novelties introduced therein is the principle of parties’ autonomy according to which parties to a non-contractual obligation have the right to choose the law to be applied to their relationship. The author analyzes and systemizes the limits of such a choice contained in the EU Regulation (Rome II). Parties to non-contractual obligations through the choice of applicable law can build their relationships in a way that corresponds to their goals and wishes. However, at the same time they should carefully consider all limitations of their choice of law and possible legal implications of it which are contained in the EU Regulation (Rome II).

Performance of Obligations as the Basis of Jurisdiction and Choice of Law (Lugano and Brussels Conventions Article 5(1) and Rome Convention Article 4)

1999 ◽  
Vol 68 (4) ◽  
pp. 379-396 ◽  
Author(s):  
Keyword(s):  
European Union ◽  
Point Of View ◽  
Brussels Convention ◽  
The European Union ◽  
Choice Of Law ◽  
Rome Convention ◽  
The Law ◽  
Contractual Obligations ◽  
Article 5 ◽  
The Relationship

AbstractWhen a dispute arises in connection with an international contract, it is necessary to clarify two matters: (i) the courts of which country are competent to decide on the dispute, and (ii) the law of which country applies to the merits of the dispute. Within the European Union, these matters are clarified, respectively, by the Brussels Convention on (i.a.) jurisdiction and by the Rome Convention on the law applicable to contractual obligations. The scope of application of the Brussels Convention is extended also to cover the EFTA Countries, through the Lugano Convention. The scope of the Rome Convention, on the contrary, does not reach beyond the European Union. This imbalance in the relationship between choice of forum and choice of law is particularly noticeable in Norway, which does not have a codified system of choice of law rules. The relationship between choice of forum rules and choice of law rules is highlighted in this article from the point of view of a specific connecting factor: the performance of the disputed obligation.

Part IV The Law of Obligations, 20 Non-Contractual Obligations

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Eu Law ◽  
Choice Of Law ◽  
Applicable Law ◽  
Unjust Enrichment ◽  
Culpa In Contrahendo ◽  
The Law ◽  
Contractual Obligations ◽  
International Conventions

This chapter examines the applicable law for non-contractual obligations. It first introduces the reader to the choice of law rules for torts, restitution, and equitable obligations before discussing the relevant provisions of the Rome II Regulation, focusing on the applicable law for torts/delicts and for unjust enrichment, negotiorum gestio and culpa in contrahendo; limitations on the dominance of the law applicable; rules of safety and conduct; and Rome II Regulation's relationship with other provisions of EU law and existing international conventions. It then considers the applicable law for maritime non-contractual obligations such as maritime torts, along with mixed issues relating to non-contractual obligations and contracts. It also looks at contractual and non-contractual obligations to which there is a contractual defence and concludes with an analysis of non-contractual obligations that are outside the scope of the Rome II Regulation, including defamation.

scholarly journals Wpływ przepisów wymuszających swoje zastosowanie na rozstrzyganie spraw spadkowych pod rządami rozporządzenia Parlamentu Europejskiego i Rady (UE) Nr 650/2012

2019 ◽  
Vol 25 ◽  
pp. 43-65 ◽  
Author(s):  
Łukasz Żarnowiec
Keyword(s):  
International Law ◽  
Point Of View ◽  
Private International Law ◽  
The European Union ◽  
Original Solution ◽  
New Approach ◽  
Applicable Law ◽  
Mandatory Rules ◽  
The Law ◽  
Special Rules

Since August 17, 2015 the courts of the Member States of the European Union apply the conflict-of-laws rules adopted in the EU Succession Regulation (EU) in succession matters. From the Polish point of view, this constitutes not only the change of the rules applied for the purposes of determining jurisdiction and the applicable law, but also a new approach to the overriding mandatory provisions. Contrary to other European instruments of private international law, the Succession Regulation neither uses the term “overriding mandatory provisions”, nor defines its meaning. Nevertheless, in Article 30 the Regulation provides for application — irrespective of the law applicable to the succession under its conflict rules — of the special rules of the State, where certain immovable property, enterprises or other special categories of assets are located, and which — for economic, family or social considerations — impose restrictions concerning or affecting the succession in respect of those assets, in so far as, under the law of that State, they are applicable irrespective of the law applicable to the succession. The interpretation of this provision cause difficulties. It is not clear whether the concept of the special provisions embodied in Article 30 refers to the concept of overriding mandatory rules, well known in the European private international law, or whether it constitutes an original solution. Another controversial issue discussed in the paper is the relevance of the mandatory rules of the forum or the third State other than those mentioned in Article 30.

Legal Challenges for Romanian Family Medicine Practitioners in Times of ‘COVID-19’

2021 ◽  
Vol 28 (1) ◽  
pp. 71-75
Author(s):  
Silviu Dumitru PAUN ◽  
◽  
Sinziana-Elena BIRSANU ◽  
Codrut Andrei NANU ◽  
◽  
...  
Keyword(s):  
Family Medicine ◽  
General Practitioners ◽  
Point Of View ◽  
Insurance Policy ◽  
Roles And Responsibilities ◽  
Applicable Law ◽  
Professional Activities ◽  
Legal Challenges ◽  
The Law ◽  
Special Circumstances

The general practitioners (GPs’) practice faced serious challenges as a result of COVID-19 pandemic, including from a legal point of view. In this context, a series of questions related to the GPs’ professional activities might arise such as: (i) what happens if a doctor makes a mistake because he/she is exhausted, as a result of overtime or (ii) if he/she performs medical acts outside the boundaries of his/her own specialty or without consent, as requested by his/her own conscience, by the situation, by the authorities and by his/her principal? In all these special circumstances this could mean that the doctor fails to comply with the applicable law. Moreover, because he/she breaches the law, the professional insurance policy will cease to be applicable. With new roles and responsibilities, the GPs should adjust their practice to the current conditions.

scholarly journals Prawo właściwe dla zobowiązań deliktowych wynikających z naruszenia zasad ochrony danych osobowych przyjętych w RODO

2020 ◽  
pp. 39-59
Author(s):  
Marek Świerczyński
Keyword(s):  
European Union ◽  
International Law ◽  
Personal Data ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
National Courts ◽  
International Data ◽  
Conflict Of Law

Disputes arising from international data breaches can be complex. Despite the introduction of new, unified EU regulation on the protection of personal data (GDPR), the European Union failed to amend the Rome II Regulation on the applicable law to non-contractual liability and to extend its scope to the infringements of privacy. GDPR only contains provisions on international civil procedure. However, there are no supplementing conflict-of-law rules. In order to determine the applicable law national courts have to apply divergent and dispersed national codifications of private international law. The aim of this study is to propose an optimal conflict-of-law model for determining the applicable law in case of infringement of the GDPR’s privacy regime.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

The Law of Eurasian Economic Union: International Legal Discourse

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Latin American ◽  
Point Of View ◽  
The European Union ◽  
Secondary Sources ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
Economic Union ◽  
The Law

The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.

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