The article of Dr. Justyna Balcarczyk entitled Law applicable to claims arising from infringement of the rights of personality in the Regulation on law applicable to non‑contractual obligations describes and carefully analyzes the reasons of exclusion of the conflict of laws provision as to law applicable to claims resulting from defamation and other rights of personality from the scope of Rome II Regulation. It introduces and investigates the entire legislative proceedings and points out the reasons for such a final outcome. It also presents a comparative study on the situation in the 27 Member States as regards the law applicable to non‑contractual obligations arising out of violations of privacy and rights relating to personality rights that was provided with reference to art. 30 of Rome II Regulation. It concludes with introducing the proposals that are laid down by different representatives of the private international law doctrine as to filling in the existing gap as well as it stresses the results of the current status quo.
English
Język Polski