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Remedies And The Rome II Regulation

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Chapter Summary

This chapter discusses the exact position of remedies under the Rome II Regulation. It considers potential reforms, especially whether there ought to be a choice of law for remedies, a suggestion that has gained some ground amongst French academics recently. The time is certainly ripe for such a discussion as the Commission has agreed to prepare reports into various contentious areas, including the approach of the Rome II Regulation to traffic accidents. This is intended to include its approach to damages and, in particular, the European Parliaments proposal to subject damages in road traffic accidents to the law of the place of the victims habitual residence.

Keywords: European Parliament; interim remedies; proprietary remedies; road traffic accidents; Rome II Regulation; victims habitual residence



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