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And Traffic Accidents

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Chapter Summary

This chapter examines the current European conflicts regime for road traffic accidents and tries to evaluate the need for further legislative steps. It starts with scrutinizing the relationship between the Rome II Regulation and the Hague Convention. The chapter analyses the general conflicts rules of the Rome II Regulation, i. e. Articles 4 and 14. It looks at the scope of the law applicable, which is of particular relevance with regard to the controversial issue of the quantification of damages. The general methodological approach of the Rome II Regulation is a sound solution for traffic accidents: A preference for the place of injury, derogation from lex loci delicti where the parties share a common habitual residence, a lean escape clause which ensures a necessary degree of flexibility, and a liberal approach to party autonomy.

Keywords: conflicts rules; habitual residence; Hague convention; party autonomy; Rome II regulation; traffic accidents



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