Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Limits Of Rome II

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Rome II Regulation on the Law Applicable to Non-Contractual Obligations — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation