Published: 2009-12-31

The law applicable to liability for damage caused by a dangerous product under the provisions of the Rome II Regulation

Łukasz Żarnowiec

Abstract

The article analyzes the applicable law for liability for damage caused by a defective product in light of the provisions of Regulation (EC) No 864/2007 of the European Parliament and of the Council (Rome II). The process of adopting the regulation and its scope are discussed, with particular emphasis on Article 5 concerning product liability. The authors analyze the relationship between the regulation's provisions and other legal instruments, such as the 1973 Hague Convention and EU directives on defective products. A complex conflict-of-laws rule based on a cascade of connecting factors is presented, along with criteria for determining the applicable law, the concepts of "product" and "placing on the market," as well as issues of party choice of law (Article 14) and the application of overriding mandatory provisions (Article 16) and the public policy clause (Article 26). The article aims to evaluate the adopted solutions and their impact on determining the applicable law in cross-border cases involving liability for dangerous products.

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Żarnowiec, Łukasz. (2009). The law applicable to liability for damage caused by a dangerous product under the provisions of the Rome II Regulation. Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 5, 87–113. https://doi.org/10.31261/PPPM.2009.05.05

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Domyślna okładka

Vol. 5 (2009)
Published: 2009-12-31


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

Licence CC Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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