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The Limits Of Rome II

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Chapter Summary

This chapter explores how far the Regulation can govern the choice of law and the enforcement of foreign judgments in relation to laws, courts and countries which are not subject to the EC Regulations or equivalent provisions such as the US, India, Australia, China, Japan or Russia to name but a few. After a short review of the inherent limits in the text of Rome II the Regulation will be hypothetically tested in cases where the traditional concept of the lex loci delicti commissii which still applies in relation to torts and delicts is in conflict with the lex loci damni which the Regulation obliges the EC/EEA member states courts to apply. It is only when the different concepts give rise to different results leading to a potential conflict of jurisdictions and laws that the reach and the limits of the Regulation can be assessed.

Keywords: conflict of jurisdictions; conflict of laws; Rome II regulation

10.1163/ej.9789004171930.i-480.103
/content/books/10.1163/ej.9789004171930.i-480.103
dcterms_subject,pub_keyword
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