Rome II Regulation
From Wikipedia, the free encyclopedia
 |
| Conflict of laws |
|---|
| Preliminary matters |
| Characterisation · Incidental question |
| Renvoi · Choice of law |
| Conflict of laws in the U.S. |
| Public policy · Hague Conference |
| Definitional elements |
| State · 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 solutionis · Proper law |
| Lex loci celebrationis |
| Choice of law clause |
| Forum selection clause |
| Substantive legal areas |
| Status · Capacity · Contract · Tort |
| Marriage · Nullity · Divorce |
| Get divorce · Talaq divorce |
| Property · Succession |
| Trusts |
| Enforcement |
| Enforcement of foreign judgments |
In Conflict of Laws, Rome II is the proposed European Union Regulation on the law applicable to non-contractual obligations. The intention is to create a harmonised set of rules within the European Union to govern choice of law in disputes about torts and delicts arising from non-contractual obligations, analogous to the rules established for contract disputes by the Rome Convention of 1980.
As of January 2007 the proposed Regulation is still working its way through the European codecision legislative procedure. The European Parliament granted it Second Reading on 18 January 2007, with a text substantially similar to the Common Position adopted by the Council of Ministers.
But some differences remain to be negotiated between the two bodies in the final "Conciliation" stage of the codecision procedure, most notably concerning whether or not the Regulation should lay down rules for choice of laws in defamation disputes; and the applicable scale of damages to be applied in personal injury disputes, including road traffic accidents.
[edit] See also
- Tort (conflict)
- Brussels Regime, governing jurisdiction
[edit] External links
- European Commission tracking page on the proposal
- Text initially proposed by the European Commission (July 2003)
- Text of Common Position adopted by the Council of Ministers (September 2006)
- Amendments proposed by the European Parliament at Second Reading (January 2007)
- Press Release summarising the European Parliament amendments
- Article for the Lawyer magazine, 15 January 2007 by Diana Wallis MEP, rapporteur for the Regulation in the European Parliament.
