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Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

“Electronic” torts in light of Rome II Regulation

Marek Świerczyński

Language: PL | Published: 29-06-2008 | Abstract | pp. 91-105

The article analyzes the Rome II Regulation regarding the law applicable to non-contractual obligations resulting from electronic torts, i.e., unlawful acts committed using electronic means of communication, mainly the Internet. The Regulation does not contain provisions directly related to electronic torts, which is a sound solution due to the dynamic development of technology and the emergence of new types of violations. The article discusses, among other things, issues of choice of law, obligations related to the provision of information society services, and general rules for determining the applicable law, as well as regulations regarding "specific" torts, such as violations of personal rights, product liability, acts of unfair competition, and intellectual property infringements.

2008-06-29



Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

Rome II Regulation - a new Community standardization of jurisdiction for non-contractual obligations

Jadwiga Pazdan

Language: PL | Published: 30-06-2009 | Abstract | pp. 13-35

The article analyzes the Rome II Regulation (EC) No 864/2007, which entered into force on January 11, 2009, governing the applicable law for non-contractual obligations in the European Union. It presents the context of its adoption within the Hague Programme, aiming to create an area of freedom, security, and justice. The scope of the regulation, its relationship with international conventions (both with and outside EU Member States), the spatial reach of conflict-of-law rules, and the issue of party autonomy in choosing the law are discussed. Emphasis is placed on the autonomous interpretation of concepts used in the regulation (e.g., "non-contractual obligation," "damage," "civil and commercial matters"). The hierarchy of connecting factors applied in the absence of choice of law is highlighted, including the rule of the place of damage (lex loci damni) as primary for torts, replacing the previous rule of the place of the event (lex loci delicti commissi) in Polish law. The application of personal connecting factors, such as the parties' habitual residence, is also indicated. The article also addresses issues extending beyond the statute of non-contractual obligations regulated in the regulation, such as renvoi, legal diversity, and the public policy clause. The analysis shows significant changes introduced by the Rome II Regulation in Polish private international law, particularly concerning conflict-of-law rules for torts and other non-contractual obligations.

2009-06-30



Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

In response to a survey addressed to the Member States of the Union concerning the application of Regulation No. 864/2007 on the law applicable to non-contractual obligations (Rome II)

Maksymilian Pazdan , Monika Jagielska , Witold Kurowski , Marek Świerczyński , Maria-Anna Zachariasiewicz , Maciej Zachariasiewicz , Łukasz Żarnowiec

Language: PL | Published: 30-06-2013 | Abstract | pp. 165-197

Rome II Regulation of 11 July 2007 contains the conflict of laws rules relating to the non‑contractual obligations such as torts, unjust enrichment, negotiorum gestio, culpa in contrahendo and product liability. Recently, the Commission has commenced consultations regarding the practical application of these rules, in relation to its obligation to submit a report pursuant to Article 30 of the Regulation. The Commission seeks the view of the Member States in order to consider modification and suggestions for future. The present work constitutes a response to the Commission’s Questionnaire prepared jointly by a group of authors under a lead of professor Maksymilian Pazdan. The response constituted the basis for the reply given by Polish Codification Committee on behalf of the Polish government. There were some general and several specific questions posed by the Commission in the Questionnaire. They are dealt with in the response. Some of the most important suggestions are summarized below. The Polish doctrine generally approves of the Regulation and the rules provided therein. Nevertheless, there are certain solutions that could be improved and gaps that could be filled out. The following recommendations are made in the response: First, a time has come to create not only specific (as it is the case so far) but also general uniform rules of private international law at the European level. Second, the rules contained in Regulation Rome II should apply to matters covered by the 1971 Hague Traffic Accidents Convention. Third, the conflict rules with respect to the violation of privacy and rights relating to personality should be added to Rome II, since this constitutes a considerable gap in the European regime.

2013-06-30