Rozszerzenie możliwości wyboru prawa w rozporządzeniach „Rzym I” i „Rzym II”
Broadened scope of freedom of choice in European conflict of laws
Author(s): Anna Magdalena DorabialskaSubject(s): Essay|Book Review |Scientific Life
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: rozporządzenie "Rzym I"; rozporządzenie "Rzym II"; autonomia woli; prawo;
Summary/Abstract: The year 2009 introduced significant changes in the system of conflict of laws of every EU Member State. In January and December two regulations became applicable respectively: (1) the Regulation No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations and (2) the Regulation No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations. Although the process of unification of the conflict of law rules in the European Union has not been completed till today, this process has covered already all the areas relevant for commercial relations, i.e. the contractual and the non-contractual obligations. Hence it seems to be a good moment for some comments on their construction and interrelation within the scope of the party autonomy, in other words of the choice of applicable law. This paper gives a brief outline of the system of freedom of choice in the Regulations “Rome I” and “Rome II” and focuses on indirect, additional possibilities that broaden the scope of party autonomy granted by the EU legislator. As far as the Regulation “Rome I” is concerned I will analyze the possible application of the internal conflict of laws rules of the Member States to insurance contracts. In regard to the Regulation “Rome II” I will examine the relation between the provisions about freedom of choice and the escape clause.
Journal: Studia Iuridica
- Issue Year: 2011
- Issue No: 53
- Page Range: 73-85
- Page Count: 13
- Language: Polish