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Product Liability Under The Rome II Regulation

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Chapter Summary

In any event Article 5 of the Rome II Regulation has introduced a specific choice of law rule for product liability claims. Its provisions are complex and ambiguous. This chapter seeks to explain, interpret and clarify Article 5 as adopted. It evaluates the merits of the provision. Some general features of the approach adopted are considered, and then attention is paid to each of the six specific rules. The chapter indicates numerous ambiguities in the text of Article 5, and provides suggestions as to the desirable or likely interpretations. It also draws attention to points on which the merit of the rules adopted may be regarded as debatable.

Keywords: content neutrality; law rule; product liability; Rome II regulation



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