Book contents
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Introduction
- Chapter 1 Lex loci damni
- Chapter 2 The freedom to elect an appropriate law for non-contractual obligations
- Chapter 3 Conflict rules of substantive labour law relating to specific non-contractual obligations arising from tort
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Part VI International procedural labour law of the European Union
- Selected bibliography
Introduction
from Part III - Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
Published online by Cambridge University Press: 05 September 2014
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Introduction
- Chapter 1 Lex loci damni
- Chapter 2 The freedom to elect an appropriate law for non-contractual obligations
- Chapter 3 Conflict rules of substantive labour law relating to specific non-contractual obligations arising from tort
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Part VI International procedural labour law of the European Union
- Selected bibliography
Summary
Introduction
The draft Regulation No. 864/2007 of the European Parliament and Council Regulation on the law applicable to non-contractual obligations (“Rome II”) was presented by the European Commission on July 22, 2003. It was supplemented on February 21, 2006. Adopted on July 11, 2007 the Regulation supplemented the Rome Convention, which governs the conflicts of the law applicable to contractual obligations. Regulation No. 864/2004 is used to resolve a conflict of law applicable to non-contractual obligations. The preamble to the Regulation states that the law of the Member States defines the concept of different non-contractual obligations. For this reason, in the preamble to the Regulation it was stated that non-contractual obligation should be understood as an autonomous concept. In Article 2, paragraph 1 of the Regulation it is evident that the concept of non-contractual obligations concerns any legal consequences arising from tort, unjust enrichment, conduct gestio or culpa in contrahendo. The Regulation applies not only to damages resulting from the events referred to in Article 2, paragraph 1, but also to non-contractual obligations, which are likely to result in damages (Article 2, paragraph 2). paragraph 1 states that the Regulation be applicable to non-contractual obligations in civil and commercial matters related to the law of different countries. It does not apply it to taxes, customs or administrative matters or state liability for acts and omissions in the exercise of public authority (acta jure imperii).
- Type
- Chapter
- Information
- Publisher: Jagiellonian University PressPrint publication year: 2012