The Manner of Determining the Applicable Law to Non-contractual Obligations in Rome II Regulation

The application of the rule of lex loci in determining the applicable law of non-contractual liability includes the lex loci demissi and lex loci damni. The benefit of separation of these two are determined when the accident is in one country and the loss is in another country. So. The application of lex loci demissi is in accordance to the principle of territorial jurisdiction. While, the view of lex loci damni conceives the absolute cause of creating civil liability as the loss and not the injurious act. The difference between the law of the European Union regarding the determination of applicable law to non-contractual obligation caused this Union to approve a regulation called Rome II in 2007 which contains a collection of conflict of law rules and at its head the rules of lex loci damni. The present article will review, pay attention and analyze the Rome II regulation regarding the applicable law to non-contractual obligations.