Rome II Regulation - Background

Background

Conflict of laws
Preliminiaries
  • Characterisation
  • Incidental question
  • Renvoi
  • Choice of law
  • Conflict of laws in the United States
  • Public policy
  • Hague Conference
Definitional elements
  • Jurisdiction
  • Procedure
  • Forum non conveniens
  • Lex causae
  • Lex fori
  • Forum shopping
  • Lis alibi pendens
Connecting factors
  • Domicile
  • Lex domicilii
  • Habitual residence
  • Nationality
  • Lex patriae
  • Lex loci arbitri
  • Lex situs
  • Lex loci contractus
  • Lex loci delicti commissi
  • Lex loci actus
  • Lex loci solutionis
  • Lex loci protectionis
  • Proper law
  • Lex loci celebrationis
  • Choice of law clause
  • Dépeçage
  • Forum selection clause
Substantive legal areas
  • Status
  • Capacity
  • Contract
  • Tort
  • Marriage
  • Nullity
  • Divorce (Get, Talaq)
  • Property
  • Succession
  • Trusts
Enforcement
  • Enforcement of foreign judgments
  • Mareva injunctions
  • Anti-suit injunctions

Initially submitted by the Commission in July 2003, an amended text was finally adopted on 11 July 2007 and published in the Official Journal on 31 July 2007. It applies from 11 January 2009. It may apply to obligations arising from events giving rise to damage occurring from 20 August 2007, although the text of the Regulation is unfortunately silent on this point.

To accommodate concerns earlier raised by the European Parliament at Second Reading stage in January 2007, the Commission is mandated to draw up a study by December 2008 on applicable law in defamation and privacy disputes, which have been excluded from the Regulation as a result of the difficulties in agreeing appropriate choice of law rules for these matters. That study has not yet been formally published. This is in addition to their preparing a report within 4 years on the results of practical application of the Regulation, including a specific study of its effects in road traffic accident disputes.

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