МЕРОДАВНО ПРАВО ЗА ВАНУГОВОРНЕ ОБЛИГАЦИЈЕ У КОМУНИТАРНОМ МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ
LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS IN COMMUNITY PRIVATE INTERNATIONAL LAW

Summary/Abstract: Regulation on applicable law for non-contractual obligations (RomeII) defines the conflict-of-law rules applicable to non-contractual obligationsin civil and commercial matters, including product liability, negotiorumgestio (acts relating to the affairs of another person) and culpa incontrahendo (non-contractual obligations arising out of dealings beforethe conclusion of a contract). Applicable from 11 January 2009 in allMember States except Denmark, it does not attempt to harmonize thesubstantive law of the signatories in the field of non-contractual obligations,but only their conflict-of-law rules, so that, no matter where in theEU an action is brought, the rules determining the applicable law will alwaysbe the same. Rome II will complete the harmonisation at Communitylevel of the rules of private international law relating to civil andcommercial obligations. This process started with the Regulation BrusselsI and Rome I.Specific rules are provided for certain domains, e.g. product liabilityand intellectual property, and certain domains are excluded.In 2008 Republic of Serbia has ratified the Stabilization and AssociationAgreement concluded with the European Communities and theirMember States. Now, Serbia has the obligation to harmonize the substantivelaw аnd conflict-of-law rules, as well, with relevant EU instruments.In this paper the author will try to analyze the provisions of the Regulationon applicable law for non-contractual obligations and to comparethem with domestic conflict-of-law rules in this matter in order to definethe differences between these solutions which have to be moderate.

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