Rome I Regulation

The Private International Law of the European Union includes the unifying of these resolved the conflict of laws regulations. Of these, so far, the Rome II Regulations ( non-contractual obligations ), Rome I ( contractual obligations ) and entered Rome III (divorce of marriages) in force. Planned a Rome IV Regulation ( matrimonial property ), a Rome -V to Regulation ( inheritance ) and a Rome -VI Regulation also ( Maintenance Regulation ).

  • 2.1 Chapter I. Scope 2.1.1 Scope of assistance
  • 2.1.2 Temporal scope
  • 2.2.1 principle 2.2.1.1 Principles attachment (Art. 4 para 1)
  • 2.2.1.2 Common habitual residence (Article 4, paragraph 2)
  • 2.2.2.1 Choice of law (Art. 14)
  • 2.2.3.1 Product Liability (Article 5)
  • 2.3.1 Unjust enrichment (Art. 10)
  • 2.3.2 management without mandate (Art. 11)
  • 2.3.3 Culpa in contrahendo (Art. 12)
  • 2.5.1 Scope of the law (Art. 15)
  • 2.5.2 Subrogation (Art. 19)
  • 2.5.3 Multiple liability (Art. 20)
  • 2.6.1 Habitual residence (Article 23)
  • 2.6.2 Exclusion of return and onward referral ( Article 24)
  • 2.6.3 Public policy of the forum ( Article 26)
  • 2.6.4 Relationship with other provisions of Community law ( Article 27)
  • 2.6.5 Relationship with existing international conventions (Article 28)

Rome I Regulation

Regulation ( EC) No 593/ 2008 of the European Parliament and of the Council on the law, abbreviation Rome I Regulation applicable to contractual obligations of 17 June 2008 is a regulation, the private international law of the European Union in the field of contractual obligations regulates. She joined on December 17th 2009 in all EU countries except Denmark in force and broke there, the Rome Convention region, which was implemented in Germany by the same repealed Article 27 to 37 BGB. Ireland and the United Kingdom of Great Britain and Northern Ireland have made use of its right to participate in the Rome I Regulation.

As a general rule provides central type 3 grds the free choice of law before, but one that is several limitations. The choice of the parties can be made either expressly or clearly out of the contract or the circumstances arise ( para 1). Is of the parties has not been chosen, so Type 4 is used, unless a special agreement Statute of the kind going on 5 ff.

Special regulations for individual contracts

Transport contracts ( type 5)
Consumer contracts ( Article 6 )
Insurance contracts (Article 7 )
Individual employment contracts ( Article 8 )

Rome II Regulation

Regulation ( EC) No 864/ 2007 of the European Parliament and of the Council on the law, abbreviation Rome II Regulation applicable to non -contractual obligations, of 11 July 2007 is a regulation that non-contractual private international law of the European Community for obligations regulates. It entered into force on 11 January 2009. It is complemented by the Rome I Regulation in the field of contractual obligations.

Chapter I. Scope

Regulation enjoys primacy over national law of the EC Member States. It does not apply in Denmark (Article 1, Section 4), but is applied as evidenced by Article 3 of all other Member States in relation to Denmark ( uniform law ). It applies under Article 25, paragraph 2 is not within territorial split More States law (this applies, for example, the United Kingdom of Great Britain and Northern Ireland and Spain).

Scope of assistance

In accordance with Article 1 of the Brussels I Regulation applies to civil and commercial matters. Developed for EuGVVO demarcation criteria apply mutatis mutandis. It does not apply to public disputes ( acta iure imperii ); This also excludes the official liability.

Its scope includes offenses, management without mandate, unjust enrichment and culpa in contrahendo ( Article 2, Paragraph 1). Except for under Article 1, Section 2, among other

  • Non-contractual claims of exchange, checks, promissory notes
  • Non-contractual obligations arising out of corporate law, association law and the law of legal persons
  • Non-contractual obligations between the individuals involved in a trust
  • Claims arising from nuclear damage
  • Claims of invasion of privacy, right of personality or defamation.

Temporal scope

Under Article 31 autonomous state law continues to apply to cases that have occurred until 10 January 2009. The term " schadensbegründendes event " limits the scope under Article 2, Section 1 not on tort law.

Chapter II Torts

Principle

Fundamental linkage (Article 4, paragraph 1)

Under Article 4, Section 1 is always at the place of effect, so is linked to the place where the damage. But the major feature is only of effect of direct damage, indirect damage are excluded by Article 4, paragraph 1, last clause.

According to the traditional view of almost all countries were in conflict rules to the scene of the tort, the lex loci delicti, be linked. As the scene is true but, for example, under Article 40, Section 1 of the German BGB both action and of effect. This ubiquity is no longer followed by the Regulation. The legislative purpose is considered to be preferable to the injured party.

Performs an action to direct damage in different countries (scattering offense, even multi-state crime ), the solution is controversial. The prevailing opinion is followed by the so-called mosaic theory; this means that for each of effect determines the applicable law, for any damage incurred in this state. According to another view, a focus is to be formed, where the damage is concentrated.

Common habitual residence (Article 4, paragraph 2)

Article 4, paragraph 2 is against Section 1 given priority: Have tortfeasor and the injured party are habitually resident in the same country place, the law of that country apply.

Escape clause (Article 4 paragraph 3)

The escape clause of Article 4, Section 3, Section 1 displaced when a manifestly closer connection with another state is. This is mainly used for a pre-existing relationship ( contract, criminal offenses fiance ) into consideration.

Choice of law (Art. 14)

For all legal obligations under Article 14 of the Regulation, the free choice of law is possible. The subsequent choice of law pursuant to lit. A possible without restrictions; the previous choice of law only when parties are pursuing a commercial activity.

Special regulations for specific offense facts

Product liability (Art. 5)

For product liability a special rule applies under Regulation in the following step ratio:

Article 5 paragraph 1 sentence 2 contains a limitation in the event that the in placing on the market of the product was not reasonably foreseeable; then the law of the State is applied, in which the injured were ordinary residence.

Chapter III. Unjust enrichment, without order and fault in contract negotiations

Unjust enrichment (Art. 10)

Article 10 differentiated for unjust enrichment between two cases:

Management without mandate (Art. 11)

The structure of the connecting factors for unjust enrichment was transferred according to the agency without authority.

Culpa in contrahendo (Art. 12)

The culpa in contrahendo is treated by the law applicable to the contract or would have been used; in the alternative, paragraph 2 contains an escape clause.

Chapter IV Freedom of choice

Article 14 provides that the parties subsequently (ie after the occurrence of the event giving rise ) can choose the applicable law. If both parties are pursuing commercial activities, the law can also be selected anticipates ( para 1 lit. B). Paragraphs 2 and 3 specify the relationship to the mandatory rules of the loss location.

Chapter V. Common provisions

Scope of the law (Art. 15)

Article 15 regulates the scope of the respective statutes. The scheme is not exhaustive.

Subrogation (Art. 19)

When subrogation of claims arising from non-contractual obligations, the law of the State is applied, the law brings to subrogation.

Multiple liability (Art. 20)

The recourse of a tortfeasor against other Mitschädiger ( in Germany about § 426 para 1 in conjunction with § 840 para 1 BGB) subject to the law of the state whose law is also directed to the tort claim. However, if the recourse due to a legal subrogation ( in Germany for example in § 426 paragraph 2) is Article 19 application.

Chapter VI. Other regulations

The regulations include regulations regard to the general part of private international law and the relation to other legal norms.

Habitual residence (Article 23)

The place of habitual Aufentshalts is set for societies, associations and legal persons in the place of central administration. If a natural person in their professional capacity is her usual place of residence of the principal place of business.

Exclusion of return and onward referral ( Article 24)

The renvoi, that is the reference and on the applicable law of a State is excluded.

Public policy of the forum ( Article 26)

The application of a substantive rule of law appointed may be omitted if the substantive law to the public policy of the State of the competent court in that State contrary.

Relationship with other provisions of Community law ( Article 27)

Other Gemeischaftsrechtsakte remain unaffected by the regulation.

Relationship with existing international conventions (Article 28)

According to article 28, paragraph 1 previously existing treaties remain (see the list in Article 29) of Member States in force, unless these are solely between the Member States ( Article 28, paragraph 2). This is to avoid that the Member States concerned are forced by the Regulation on the violation of international treaties.

Rome III Regulation

Regulation ( EC) No 1259/ 2010 of the European Parliament and of the Council on the law applicable to divorce and legal separation of the marriage bond, short term Rome III Regulation, dated 20 December 2010 is a regulation, the Private International Law the European Union governs in the area of ​​divorce. It shall apply with the exception of Article 17 in all EU Member States ( see Article 21 of the Regulation) since 21 June 2012. The Regulation shall apply regardless of whether it refers to the law of an EU Member State or to another state. It is autonomous conflict rules in the EU - the same applies here as with the Rome I and Rome II Regulation. Superseded was so in Germany the draft Law previously in force in this area of ​​law, in particular Article 17 in conjunction with Article 14 BGB. The regulation is designed to determine the applicable national law on divorce in a cross -border situation is (cf. also Article 1, Section 1 of the Regulation). So far, here primarily under Article 17 i.V.m. Article 14, paragraph 1 BGB must be based on the nationality of the spouse. At this point now occurs under Article 8 of the Regulation, the law of the ( usual ) residence of the spouses. Advanced also has the option of choosing a law (Art. 5). This goes against the provisions of Article 8. The reference to the law of another state is only possible if this law actually allows a divorce and both spouses are equal in this case ( Article 10). In this respect, the norm is to be regarded as a special case of the general ordre -public- provision in Article 12. Another peculiarity, that the law of any State to which reference is made, is not applicable, is contained in Article 13 of the Regulation. Should a Member State according to its own legal system allow a divorce does not provide, so should not be forced the judge to conduct a divorce according to foreign law. This originally designed for Malta control runs but with the introduction of divorce law ( as a result of a referendum of 29 May 2011) is empty, since now all the EU Member States provide for a divorce in their jurisdictions.

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