https://doi.org/10.31261/PPPM.2009.04.01
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.
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Vol. 4 (2009)
Published: 2009-06-30
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
English
Język Polski